This is an Easement for a Driveway, to be used across the United States. This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway.
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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
North Carolina Easement for Driveway
State:
Multi-State
Control #:
US-EAS-31
Format:
Word;
Rich Text
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FAQ
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.?
Requirements for Adverse Possession in North Carolina North Carolina requires that trespassers use the land openly and publicly in order to make a claim. This gives the actual owner the opportunity to see the trespassers use, and tell the trespasser to leave if the owner is actually using the land.
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.
In North Carolina, you are not allowed to be alienated from your timber. So if it's truly landlocked and there's no road going into the property, and there's no easement, and there's no public road from it, it is truly a landlock piece of land, North Carolina says you must be able to access the property to timber it.
1) EASEMENT IMPLIED FROM PRIOR USE: In order to establish an easement implied from prior use over a driveway or road, the following legal elements must be met: (1) a conveyance (transfer of ownership); (2) of a part of the grantor's land; (3) before the conveyance there was usage on the retained parcel that, had the ...
An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
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.
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.