North Carolina Subsurface Easement Agreement from one Lessee to Another

State:
Multi-State
Control #:
US-OG-332
Format:
Word; 
Rich Text
Instant download

Description

This form is used when the Grantor grants and conveys to Grantee a subsurface easement to enable Grantee to drill into those depths under the lands that are owned by the Grantor.
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FAQ

What are the types of easement takings? What are the types of easement takings? Utility easements. ... Drainage easements. A permanent drainage easement gives the government the right to alter and maintain your land in order to facilitate drainage of the project. ... Slope easements. ... Construction easements.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

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 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.

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.

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.

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.

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.?

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North Carolina Subsurface Easement Agreement from one Lessee to Another