North Carolina Easement - Shared Parking

State:
Multi-State
Control #:
US-00498
Format:
Word; 
Rich Text
Instant download

Description

This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
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FAQ

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.

A private road is a road over which a limited number of people have the right to pass. In contrast, public roads are roads over which the entire travelling public have the right to pass. Private roads often are created with a written easement, but they also can be created without a written easement.

Roads without curb and gutter shall have a minimum right-of-way of sixty-six (66) feet, although curb and gutters shall be installed on all paved roads unless the county engineer determines that another system is acceptable.

ofway is a type of easement that gives one person the legal right to cross the property of another to access their own property.

The law requires fair use whether the shared driveway is owned by two properties or just one. But, the law also expects users of shared driveways to act considerately. So, that includes not continuously blocking the driveway to the detriment of others. And this does not just apply to parked cars.

Secondary roads are main arteries, usually in the U.S. Highway, State Highway, and/or County Highway system. These roads have one or more lanes of traffic in each direction, may or may not be divided, and usually have at-grade intersections with many other roads and driveways.

It is very common, therefore, that rights to park cars that are intended to take effect as easements are drafted in such a way that the person entitled to park somewhere has a right to park a car (or cars) within a designated area but not in individually designated spaces.

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.?

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North Carolina Easement - Shared Parking