Individuals commonly link legal documents with complexity that only an expert can manage.
In some sense, this is accurate, as drafting a North Carolina Easement By Necessity necessitates considerable expertise in the relevant criteria, including state and local laws.
However, with US Legal Forms, the process has been simplified: pre-made legal templates for any personal and business circumstance tailored to state laws are compiled in a singular online repository and are now accessible to everyone.
Select the format for your document and click Download. Print your document or upload it to an online editor for a faster completion. All templates in our library are reusable: once acquired, they remain saved in your profile. You can access them whenever necessary via the My documents tab. Discover all the benefits of utilizing the US Legal Forms platform. Subscribe today!
Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
In North Carolina, there are three ways to obtain right of way through legal action: (1) initiating a cartway proceeding, (2) claiming a prescriptive easement (like adverse possession), and (3) claiming an easement by implication, where necessity can be shown.
An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.
1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
The most basic way to create an easement, of course, is for the owner of the servient estate to agree, in writing (since an easement is an interest in land), to grant an easement to another person or specially reserve an easement when the owner conveys a parcel of the owner's land to another person.