55-305 - Persons having easement may replace gate with cattle guard; maintenance and use thereof; deemed lawful gate. - Virginia Statutes

§ 55-305. Persons having easement may replace gate with cattle guard;maintenance and use thereof; deemed lawful gate.

Any person having an easement of right-of-way across the lands of another,may, at his own expense, replace any gate thereon with a substantial cattleguard sufficient to turn livestock. These cattle guards shall be maintainedby the owner of the easement, who shall be responsible for keeping suchcattle guards at all times in sufficient condition to turn livestock. If acattle guard is rendered inoperative by inclement weather, the easement ownershall utilize and maintain any reasonable alternative method sufficient toturn livestock from the inoperative cattle guard until such cattle guard isrendered operative again. If the gate to be replaced is needed or used forthe orderly ingress and egress of equipment or animals thereover, then suchpersons acting under the authority of this section shall construct suchcattle guards so as to allow such ingress and egress or, if such easement isof sufficient width, may place such cattle guard adjacent to such gate.

Such a cattle guard shall be deemed a lawful gate and not an interferencewith such easement.

(Code 1950, §§ 8-873.2, 8-873.3; 1954, c. 461; 1977, c. 624; 1992, c. 483.)