North Carolina Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
Rich Text
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Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Definition: Easement. An easement is a right to use land An easement is a right to use land belonging to another. An easement is an interest in land and An easement is an interest in land, and is generally created by deed.

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.?

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement.

The two types of easements These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.

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.

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North Carolina Grant of Easement for Light and Air