North Carolina Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities

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Multi-State
Control #:
US-EAS-22
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Construction, Operation, Maintenance of Sanitary Sewer Lines and Related Facilities. Easement that allows for construction, operation, maintenance of Sanitary Sewer Lines and related facilities.


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.

What are the types of easement takings? What are the types of easement takings? Utility easements. ... Drainage easements. A permanent drainage easement gives the government the right to alter and maintain your land in order to facilitate drainage of the project. ... Slope easements. ... Construction easements.

The General Law in North Carolina states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainage ways and easements that move water from higher elevations: Chapter 77, Article 2: Obstructions in Streams.

For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.

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.

Generally, the owner of any easement has a duty to maintain the easement.

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.

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North Carolina Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities