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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.?
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.
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.
Public streets are maintained by the NC Department of Transportation (NCDOT) or the city or town where it is located. State-maintained roads are marked with an SR number. Check the NCDOT map. Streets without an SR that are outside city or town limits are maintained by agreements that have been made between the owners.
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.
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.