North Carolina Grant of Easement and Joint Use Agreement

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US-EAS-3
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This is a sample form for use in transactions involving easements, a Grant of Easement and Joint Use Agreement. Grants easement for the purpose of supplying irrigation water to the Grantees parcel of land for farming.

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.

A North Carolina Grant of Easement and Joint Use Agreement refers to a legal document that establishes the rights and responsibilities of parties involved in the granting of an easement over a property. This agreement allows one party to use, access, or maintain a portion of another party's land for a specific purpose. There are several types of North Carolina Grant of Easement and Joint Use Agreements, each serving different purposes based on the specific needs and circumstances of the parties involved. Some common types include: 1. Utility Easement: This type of agreement is often used by utility companies to gain access to private property in order to install, repair, or maintain utility lines, equipment, or infrastructure. The property owner grants the utility company the right to enter and perform necessary work while ensuring they adhere to specific terms and conditions. 2. Right of Way Easement: In this agreement, one party is granted the right to pass through another party's property for a specific purpose, such as accessing a public road or transportation network. This type is common when a property is located in an area where access is restricted or where roads or utilities need to be expanded. 3. Conservation Easement: A conservation easement is established to protect natural resources, historical landmarks, or ecologically sensitive areas. This agreement restricts the use of the property and sets forth limitations on development or alterations to help preserve its environmental or historical value. It usually involves a government entity, conservation organization, or land trust as the grantee. 4. Recreational Easement: This type of easement allows individuals or groups to access a property for recreational purposes like fishing, hunting, hiking, or biking. The landowner grants the right to use their property specifically for recreational activities, often subject to certain limitations or conditions outlined in the agreement. 5. Shared Driveway Easement: When two neighboring properties share a common driveway or access road, a shared driveway easement may be established. This agreement defines the rights and responsibilities of each party, often detailing maintenance responsibilities, access rights, and restrictions to ensure a fair and equitable use of the shared roadway. In conclusion, a North Carolina Grant of Easement and Joint Use Agreement is a legal document that allows one party to access, use, or maintain a portion of another party's property for a specific purpose. The different types of agreements, such as utility, right of way, conservation, recreational, and shared driveway easements, cater to various needs and circumstances in North Carolina. It is essential for all parties involved to understand the terms and conditions outlined in the agreement to ensure a smooth and lawful coexistence.

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FAQ

An express easement is created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.

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.?

Finding out your property is landlocked with no private or public access to a road is not news that any landowner in North Carolina wants to hear. If you have friendly neighbors that are willing to grant you an easement for access to a road, your problem is solved.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

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

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.

Adverse possession allows owners to prove title through possession for a certain period of time. Obtaining title to property through adverse possession is similar to obtaining an easement by prescription. There is no exchange of document of title and no closing or deed conveyance under adverse possession.

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This is a sample form for use in transactions involving easements, a Grant of Easement and Joint Use Agreement. ... How to fill out Right Of Way Agreement Form? Grantor does hereby grant and convey unto Grantee, its successors, licensees, and assigns: (a) a non-exclusive, perpetual easement and right-of-way (the "Hub.The Grant Contract is on file and available for public inspection in the offices of the Fund and the Grantee. [Some references in this template to the ... §143B-135.236 which establishes the North Carolina Conservation Easement Endowment Fund, or any successor law, and Fund's internal policies and procedures ... Jul 2, 2022 — Joint Use Agreements. A joint use agreement allows two utilities that are both permitted to place poles in the right of way or NCDOT ... WHEREAS, Grantee desires to obtain certain easements and rights over the Property, and Grantor desires to grant such easements and rights, on the terms and ... Usually a permanent restriction, it is written in deed form and is filed with the county register of deeds, thereafter running with the title to the land and ... If A and B are adjoining parcels of land and j. g p the owner of A grants the owner of B a Road. Easement across A , the easement is. Appurtenant. Page 12. What ... The easement shall endure 20 years. This Agreement is made expressly for the benefit of, and shall be binding on, the heirs, personal representatives, ... An easement by express grant, as an interest in land, is subject to the Statute of Frauds and thus must be in writing. Shingleton v. State, 260 N.C. 451, 133 ...

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North Carolina Grant of Easement and Joint Use Agreement