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Virginia Code

Va. Code Ann. § 15.2-2265 (2026)

Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, etc

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The recordation of an approved plat shall operate to transfer, in fee simple, to the respective localities in which the land lies the portion of the premises platted as is on the plat set apart for streets, alleys or other public use and to transfer to the locality any easement indicated on the plat to create a public right of passage over the land. The recordation of such plat shall operate to transfer to the locality, or to such association or public authority as the locality may provide, such easements shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes, as the locality may require. Nothing contained in this article shall affect any right of a subdivider of land heretofore validly reserved. The clerk shall index in the name of all the owners of property affected by the recordation in the grantor's index any plat recorded under this section. Nothing in this section shall obligate the locality, association or authority to install or maintain such facilities unless otherwise agreed to by the locality, association or authority.

When the authorized officials of a locality within which land is located, approve in accordance with the subdivision ordinances of the locality a plat or replat of land therein, then upon the recording of the plat or replat in the circuit court clerk's office, all rights-of-way, easements or other interest of the locality in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by the locality by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of § 15.2-2271 or 15.2-2272 shall not be affected thereby. All public easements, except those for public passage, easements containing improvements, those that contain private utility facilities, common or shared easements for the use of franchised cable operators and public service corporations, may be relocated by recordation of plat or replat signed by the owner of the real property, approved by an authorized official of a locality, regardless of the manner of acquisition or the type of instrument used to dedicate the original easement. In the event the purpose of the easement is to convey stormwater drainage from a public roadway, the entity responsible for the operation of the roadway shall first determine that the relocation does not threaten either the integrity of the roadway or public passage. The clerk shall index the locality as grantor of any easement or portion thereof terminated and extinguished under this section.

Code 1950, §§ 15-792, 15-967.13; 1958, c. 460; 1962, c. 407, § 15.1-478; 1964, c. 564; 1974, c. 530; 1978, c. 590; 1995, cc. 431, 662; 1997, c. 587; 2000, c. 165; 2005, c. 937.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1998–2025 · leading case: Barter Found., Inc. v. Widener, 592 S.E.2d 56 (Va. 2004).
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Barter Found., Inc. v. Widener, 592 S.E.2d 56 (Va. 2004). · cites it 2× “7 The current statutory scheme for the recordation of plats dedicating land for public streets is contained in Code § 15.2-2265. 8 Relying on our holding that when such an abandonment is found and “the dedicator does not reserve or dispose of the fee in the street, it vests in…”
Prasad Salunkhe v. Christopher Customs, LLC, 890 S.E.2d 857 (Va. Ct. App. 2023). · cites it 30× “Specifically, appellants contend the circuit court erred by misinterpreting Code § 15.2-2265 and holding that an approved and recorded subdivision plat failed to establish an easement for the benefit of the public.”
Harold Spell, III v. Benny C. Mullins, No. 1668243 (Va. Ct. App. Sept. 30, 2025). · cites it 17× “-3- At a bench trial, the Mullinses’ primary theory of recovery was that the recorded 2006 plat created a public easement under Code § 15.2-2265. The Mullinses argued in the alternative that they had an express private easement over the property or a private easement by…”
Ballagh v. Gray, 50 Va. Cir. 12 (Bedford Cir. Ct. 1999). · cites it 17× “The commissioner then interpreted and applied § 15.2-2265 of the Code of Virginia (formerly § 15.”
Lynnhaven Dunes Condo. Ass'n v. City of Virginia Beach, 733 S.E.2d 911 (Va. 2012). · cites it 7× “Turning to the 1999 plat, we note that Code § 15.2-2265 specifically negates Lynnhaven’s argument.”
Loch Levan Land Ltd. v. Bd. of Supervisors of Henrico Cnty., 831 S.E.2d 690 (Va. 2019). · cites it 2× “It had a statutory right to construct the road within five years.”
Cavalcade Homeowners' Ass'n v. Beacom, 47 Va. Cir. 449 (Fairfax Cir. Ct. 1998). · cites it 5× “1-478 [predecessor to Va. Code § 15.2-2265] is to require complete dedication of the streets in order to enable the local governing body, in the exercise of its police power, to promote the public welfare.”
Scott v. Karmy, 52 Va. Cir. 118 (Shenandoah Cir. Ct. 2000). “1-478, now § 15.2-2265. See Burns v. Board of Supvrs.”
Turk v. Spotsylvania Cnty., 56 Va. Cir. 198 (Spotsylvania Cir. Ct. 2001). · cites it 2× “Virginia Code § 15.2-2265 provides that recordation of an approved plat shall transfer to the locality “the portion of the premises platted as is on the plat set apart for *200 streets, alleys, or other public use and [shall operate to] transfer to the locality any easement…”
Brian Fernaays v. Isle of Wight Cnty., 143 F.4th 550 (4th Cir. 2025). “1-478 (1989) (current version at Va. Code Ann. § 15.2-2265 ). Once the plat was approved by the public entity, its recording automatically effected a dedication.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.