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.
North Carolina Easement for Utilities
State:
Multi-State
Control #:
US-00500
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Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
Sewer Easements ? Visit Raleigh Water's Sanitary Sewer Easement page for more information. Drainage Easements ? Drainage easements are stormwater related easements that allow for surface flow of water and/or protect underground and above ground stormwater infrastructure.
Per City Code, ?fences and walls? are prohibited within drainage easements. Walls include retaining walls and also structural or building walls.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
This easement is typically granted by property owners to an electric utility for the purpose of constructing, operating and maintaining power lines and other equipment.
North Carolina enshrines its easement laws in various General Statutes that work together to create the rules. For a drainage easement (or any easement) to be enforceable, it must be in writing between the owner of the property (the grantor) and the entity receiving the easement (the grantee) and signed by all parties.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
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.?
Can my neighbor direct their water on to my land? If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.
