North Carolina General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
Rich Text
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Description

Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.

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.

The North Carolina General Right of Way Instrument is a legal document used to grant access rights over a specific piece of land for the purpose of constructing or maintaining public infrastructure. This instrument allows government entities or other authorized parties to access private property while ensuring the landowner's rights are protected. One of the most common types of North Carolina General Right of Way Instrument is the Highway Right of Way Instrument. This instrument is typically used when constructing or expanding highways, roads, or other transportation infrastructure. It grants the state or local government the necessary rights to acquire and use the land as needed for the project, including the right to access, maintain, and improve the roadway. Another type of North Carolina General Right of Way Instrument is the Utility Right of Way Instrument. It is used when a utility company needs to install or maintain utility lines, such as power lines, water pipes, or gas pipelines, on private property. This instrument grants the utility company the right to enter the property, construct and maintain their infrastructure, and ensure uninterrupted access for necessary operations. Furthermore, there is the Railroad Right of Way Instrument, which is employed for building or expanding railroad tracks or related infrastructure. It allows the railroad company to access and use private land for laying tracks, constructing stations, or carrying out maintenance operations. Additionally, the Telecommunications Right of Way Instrument is used for granting telecommunication companies access to private property for the installation, maintenance, or upgrading of communication lines, antennas, or other related infrastructure. The North Carolina General Right of Way Instrument is a vital legal mechanism to balance the needs of public infrastructure development with the protection of private property rights. It ensures that landowners receive fair compensation and have their rights respected while allowing for the necessary development and maintenance of crucial public utilities and transportation networks.

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FAQ

If there are multiple owners to a private road, a Road Maintenance Agreement is most likely needed to stipulate how the private road is going to be maintained. In North Carolina, Road Maintenance Agreements are not required, but are strongly recommended.

Right of way should be established from 5? to 15? beyond the construction limits. A typical right of way width for a 2-lane arterial or collector would be from 100? to 150?. For a 4-lane section of roadway, a width of 150? to 250? would be typical.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

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.

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.?

Right-of-way. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

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1.02 THE RESPONSIBILITY OF THE RIGHT OF WAY. EMPLOYEE TO THE PUBLIC. All Right of way employees should constantly bear in mind that the good will of the ... Under North Carolina law a developer who conveys property must provide the buyer with an instrument disclosing whether the right-of-way on which the property ...Dedication Is never complete as to the general public until acceptance. In so ... A right-of-way is the boundary of the easement. The fee within the right-of ... North Carolina General Right-of-Way Instrument. Get access to the largest catalogue of fillable and printable templates. Subscribe to US Legal Forms to ... Apr 19, 2023 — A BILL TO BE ENTITLED. 1. AN ACT TO CODIFY THE LIMITS OF EXISTING RIGHTS-OF-WAY AND EASEMENTS. 2. MAINTAINED BY THE DEPARTMENT OF ... No deed, agreement for right-of-way, or easement of any character shall be valid as against any creditor or purchaser for a valuable consideration but from the ... An Estate in land is the degree, nature or extent of interest which a person has in it. • The title to a Right must meet all the Legal requirements associated ... (a1) When a vacancy occurs from any cause in the office of register of deeds, the board of county commissioners shall fill such vacancy by the appointment of a ... State of North Carolina. County of Guilford. I, the undersigned Notary Public of the County and State aforesaid, certify that Ann Schneider. An easement deed must be signed and acknowledged by the grantor. An individual form for acknowledgment by a grantor is presented in 47 38 of the North Carolina ...

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North Carolina General Right of Way Instrument