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An example of an easement is the right that a party has to use your land to access a public area or his or her own property. Another example is a utility easement, which is the right of the local government to install necessary utilities on a portion of property.
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.
A person who owns or acquires any deed or agreement for rights of way and easements of any character shall record such deeds in the office of the register of deeds in the county where the affected land is situated.
4) EASEMENT BY CARTWAY PROCEEDING: In 1978, North Carolina passed a cartway law (NCGS §136-69) which gives private landowners the right to use the State's power of eminent domain (the right of a government or its agent to seize private property for public use with payment of compensation).
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.