An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
The laws of easement in North Carolina play a vital role in defining and regulating the rights and restrictions regarding the use of another person's property. These laws establish legal rights for individuals or entities to access, use, or enjoy someone else's land, within certain limitations. North Carolina recognizes various types of easements that are important to understanding the scope and application of these laws. Here are some notable types of easements in North Carolina: 1. Appurtenant Easement: An easement that benefits a particular property or parcel of land, legally binding both current and future owners. This type of easement typically involves adjacent properties and grants the owner a right of way, utility access, or other benefits over another person's land. 2. Easement in Gross: Unlike appurtenant easements, easements in gross do not benefit a specific property but are attached to individuals or organizations. This type of easement may be granted to utility companies, allowing them access to install and maintain utility lines on private property. 3. Prescriptive Easement: A prescriptive easement can be acquired when someone uses another person's property openly, continuously, adversely, and without permission for a certain period, typically twenty years in North Carolina. If these conditions are met, the individual may gain a legal right to continue using the property. 4. Easement by Necessity: This type of easement is granted when a landowner is unable to access their property without crossing over an adjacent property owned by another person. It is typically applicable in situations where a landlocked property exists, and access is necessary for proper use of the land. 5. Easement by Estoppel: In certain cases, where a property owner provides an individual with permission to use their land, the owner may bee stopped from revoking the permission granted, creating an easement by estoppel. This type of easement arises when the user relies on the property owner's representation and incurs expenses or alters their position based on such reliance. North Carolina laws prescribe specific requirements and procedures for creating, modifying, and terminating easements. These laws also govern the rights and obligations of both the granter and grantee, ensuring fair and equitable use of the land. It is crucial to consult an experienced attorney or legal professional to understand the intricacies of the specific laws and regulations governing easements in North Carolina.
