North Carolina Utility Easement (Electric Lines, Telephone Lines and Appurtenances)
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FAQ
In North Carolina, you are not allowed to be alienated from your timber. So if it's truly landlocked and there's no road going into the property, and there's no easement, and there's no public road from it, it is truly a landlock piece of land, North Carolina says you must be able to access the property to timber it.
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.
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.?
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.
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).
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.
An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
