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The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
Assignment of Easements means the assignment and assumption of Seller's right, title and interest in the Conveyed Easements to be executed and delivered by Seller at the Closing, substantially in the form attached hereto as Exhibit A.
An easement is a legal right to use someone else's land for public or private purposes. While many easement agreements are written into the property records, that is not always the case. Some easements can be obtained through other means.
The property owner must still maintain those types of easements. The property owner will also be the party who must take responsibility if an accident occurs on the easement.
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.