North Carolina Surface Easement (For Meter Station)
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FAQ
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
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.?
The primary difference between these two legal doctrines has to do with who ends up owning the property in question. A prescriptive easement gives the legal right of use to someone other than the rightful property owner.
3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use 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.?
3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use the road.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
A prescriptive easement is an easement acquired through open and notorious use of an owner's land which is adverse to the owner's rights, for a continuous and uninterrupted period of years. The period of years required for such an easement is defined by state laws.