Real property; entering adjoining property to improve, etc., petitioning circuit court. (HB459)

Introduced By

Del. Schuyler VanValkenburg (D-Henrico) with support from co-patron Sen. Ghazala Hashmi (D-Midlothian)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Providing access to adjoining property to make improvements or repairs. Allows an owner or lessee of real property who seeks to improve, repair, or maintain his property, and the property is so situated that it is impossible to perform the improvements, repairs, or maintenance without entering adjoining property and permission to enter the adjoining property has been denied, to petition the circuit court for a license to enter the adjoining property for the purpose of performing the improvements, repairs, or maintenance. The petition and affidavits, if any, shall state the facts making such entry necessary and the date or dates on which entry is sought. The bill provides that such license shall be granted by the court in an appropriate case upon such terms as justice requires. Any such entry shall not be deemed a trespass and the licensee shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry. Read the Bill »


02/11/2022: passed committee


01/11/2022Prefiled and ordered printed; offered 01/12/22 22101887D
01/11/2022Referred to Committee on General Laws
02/01/2022Referred from General Laws
02/01/2022Referred to Committee for Courts of Justice
02/04/2022Assigned Courts sub: Subcommittee #2
02/07/2022House subcommittee amendments and substitutes offered
02/07/2022Subcommittee recommends reporting with substitute (5-Y 3-N)
02/11/2022Reported from Courts of Justice with substitute (13-Y 5-N) (see vote tally)
02/11/2022Committee substitute printed 22106246D-H1
02/13/2022Read first time
02/14/2022Read second time
02/14/2022Committee substitute agreed to 22106246D-H1
02/14/2022Engrossed by House - committee substitute HB459H1
02/15/2022Read third time and defeated by House (48-Y 52-N)
02/15/2022VOTE: Defeated (48-Y 52-N) (see vote tally)
02/15/2022Reconsideration of defeated action agreed to by House
02/15/2022Passed by temporarily
02/15/2022Read third time and defeated by House (50-Y 50-N)
02/15/2022VOTE: Defeated #2 (50-Y 50-N) (see vote tally)