North Carolina Right of Way and Easement for Additional Pipeline

State:
Multi-State
Control #:
US-EAS-2
Format:
Word; 
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Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way and Easement. Allows the construction of an additional pipeline on, over and across previously granted right of way and easement.
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.
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FAQ

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.

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.?

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.

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.

What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner's property.

Private stormwater or drainage easements are located in areas where there is a storm drain system, a stormwater swale and/or access to a stormwater management structure such as a wet pond. Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings.

Can I build structures on a property with a drainage easement? It depends on whether your construction limits access to the easement area or messes with the drainage infrastructure. As long as it doesn't interfere with this, you have the freedom to build the structure you need.

Maintenance of drainage systems on private property is the responsibility of the property owner.

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North Carolina Right of Way and Easement for Additional Pipeline