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.
North Carolina General Right of Way Instrument
State:
Multi-State
Control #:
US-EAS-32
Format:
Word;
Rich Text
Instant download
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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.