North Carolina Right of Way and Easement (Underground Electrical Facilities)
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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.
Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement. Right-of-Way | Henderson County North Carolina hendersoncountync.gov ? planning ? page hendersoncountync.gov ? planning ? page
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. Easements & Rights Of Way - GRCC Law grcclaw.com ? easements-and-rights-of-way grcclaw.com ? easements-and-rights-of-way
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.?
Generally, the owner of any easement has a duty to maintain the easement. How to Enforce Easement Maintenance Obligations? schorr-law.com ? how-to-enforce-easement-maint... schorr-law.com ? how-to-enforce-easement-maint...
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.
Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard. Utility Easements: Definition, Laws, Calculating Value & More NC Eminent Domain Law Firm ? posts ? utility-... NC Eminent Domain Law Firm ? posts ? utility-...