Easement For Roadway Purposes
Description
How to fill out Easement And Right Of Way (For Roadway Allowing Access To Lands)?
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FAQ
In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
(1) The driver of a vehicle about to enter or cross a highway from an alley, private road, or driveway shall come to a full stop before entering the highway and shall yield right of way to vehicles approaching on the highway. (2) A person who violates this section is responsible for a civil infraction.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
The dominant land is the land owned by the owner of the right the farmhouse in our above example. The easement is described as appurtenant to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.
