North Carolina Sample Letter for Request to Formalize Easement

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Multi-State
Control #:
US-0840LTR
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Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.


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.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Request to Formalize Easement on [Property Address], North Carolina Dear [Recipient's Name], I hope this letter finds you well. I am writing to formally request the formalization of an easement on the property located at [Property Address] in North Carolina. I am the owner of the adjacent property and have been utilizing a portion of the property at [Property Address] for ingress and egress purposes for over [number of years] worth of years. The purpose of this request is to establish a legally binding easement agreement to ensure the continued use of the portion of the property for access. This will help avoid any potential disputes or conflicts relating to the property access in the future and provide clear guidelines for both parties involved. I have attached a survey report prepared by a professional land surveyor, demonstrating the existing access route and the portion of the property being utilized for ingress and egress. Additionally, I have enclosed documentation highlighting the historical use of this access route, which has been consistently maintained throughout the tenure of my ownership of the adjacent property. To proceed with the formalization of this easement, I kindly request your assistance in reviewing the provided information and facilitating the drafting of a legally binding easement agreement. As a responsible property owner, I am willing to bear all the necessary costs associated with establishing the easement, such as recording fees and any legal expenses incurred. If required, I am also willing to engage in mediation or arbitration proceedings to resolve any potential conflicts or concerns that may arise during the process. I believe in maintaining open communication and fostering a mutually beneficial solution that respects the rights and interests of both parties involved. Please acknowledge receipt of this letter at your earliest convenience, and inform me of the next steps required to move forward with the formalization process. I appreciate your prompt attention to this matter and look forward to resolving this issue amicably. Thank you for your cooperation and understanding. Should you have any questions or require further information, please do not hesitate to contact me at [Phone Number] or [Email Address]. Yours sincerely, [Your Name]

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FAQ

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement. Can You Build on a Property or Utility Easement? - The Spruce thespruce.com ? building-on-an-easement-4... thespruce.com ? building-on-an-easement-4...

Who is responsible for maintaining an easement in NC? If there is an easement on your land, you're generally responsible for maintaining the area. Utility Easements: Definition, Laws, Calculating Value & More nc-eminent-domain.com ? posts ? utility-eas... nc-eminent-domain.com ? posts ? utility-eas...

Right of Way Right of Way is responsible for acquisition of all necessary lands and improvements of all roads and highways.

Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.

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. Easements & Rights Of Way - GRCC Law grcclaw.com ? easements-and-rights-of-way grcclaw.com ? easements-and-rights-of-way

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.?

3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use the road. Landlocked in NC: 4 Possible Easements Solutions hutchenslawfirm.com ? blog ? real-estate ? landlo... hutchenslawfirm.com ? blog ? real-estate ? landlo...

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North Carolina Sample Letter for Request to Formalize Easement