A North Carolina Easement or Right of Way for Access to Property is a legal agreement that grants someone the right to use a portion of another person's property for specific purposes such as installing utilities, roads, or pathways. This arrangement ensures access to a property, even if it is located in a landlocked area or surrounded by other parcels. There are several types of North Carolina Easements or Rights of Way for Access to Property, each serving different purposes: 1. Private Easements: These are typically negotiated and agreed upon between adjacent landowners who need access across each other's properties. Private easements can be used for a variety of purposes, such as granting access to a landlocked property or allowing utility companies to install and maintain services. 2. Public Easements: Public easements are established by government entities to provide access to public facilities such as roads, sidewalks, or parks. These easements are often designated on property plats or specified in official documents. 3. Utility Easements: Utility companies often require easements to install, inspect, repair, and maintain utilities such as water, sewer, gas, or electricity. These easements allow utilities providers to access their equipment and infrastructure on private properties for service delivery. 4. Conservation Easements: Conservation easements are used to protect and preserve natural resources, agricultural lands, or historically significant properties. These agreements limit future development rights and ensure the property remains in its designated state, benefiting the broader community and future generations. 5. Prescriptive Easements: Prescriptive easements arise when someone openly and continuously uses another person's property without permission. If these actions continue unchallenged for a specific period, usually 20 years in North Carolina, the user may acquire a legal right to use that portion of the property. It is important to note that easements are typically recorded in public land records and are binding on all subsequent owners of the respective properties involved. Prior to entering into any easement agreements, it is advisable to seek legal counsel to ensure all terms and conditions are appropriately addressed and documented to protect the rights and interests of all parties involved.
North Carolina Easement or Right of Way for Access to Property
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(a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.
This concept is similar to adverse possession; adverse use of the road creates an easement. The landlocked owner must prove the road was used (open and continuously) and without permission for a continuous period in excess of 20 years. In North Carolina, there is a presumption that the use of a road is permissive.
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.
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.
Right of Way Right of Way is responsible for acquisition of all necessary lands and improvements of all roads and highways.