A North Carolina Access Control Easement is a legal concept that pertains to the rights and restrictions of accessing a particular property or area within the state of North Carolina. It is designed to protect the property owner's rights while ensuring smooth and regulated access for various parties. Access Control Easements in North Carolina can be of various types, including the following: 1. Private Access Control Easement: This type of easement is established between neighboring property owners to enable one party to access a certain area of the other's property. It sets clear boundaries and regulations regarding the access, usage, and maintenance of the easement area. 2. Road Access Control Easement: In instances where multiple properties share a common road or driveway, a road access control easement may be required to define how each property owner can legally access and utilize the road. This easement ensures the fair use and maintenance of the shared road while protecting the rights of all involved parties. 3. Utility Access Control Easement: Utility companies may require access control easements to provide maintenance, repair, or installation services for utility lines, such as gas, electricity, or water. These easements grant the utility companies the legal right to access specific portions of private property to carry out necessary work while detailing the obligations and responsibilities of both parties. 4. Easements for Public Facilities: Access control easements are also common when providing public access to certain facilities such as parks, trails, or public buildings. These easements outline the rules, restrictions, and access points for the public while protecting the interests of the property owner. 5. Conservation Easements: North Carolina is known for its beautiful landscapes and natural resources. Conservation easements, a type of access control easement, are established to protect and preserve the environment. These easements restrict certain uses of the property, including development or commercial activities, while allowing limited public access for activities such as hiking or wildlife observation. It is important for property owners and those seeking access to fully understand the rights, obligations, and limitations associated with a North Carolina Access Control Easement. Consulting with legal professionals and conducting thorough research is essential to ensure compliance with the state's laws and regulations.
North Carolina Access Control Easement
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§ 136-89.49. (2) "Controlled-access facility" means a State highway, or section of State highway, especially designed for through traffic, and over, from or to which highway owners or occupants of abutting property, or others, shall have only a controlled right or easement of access.
If fence is parallel to stormwater infrastructure within the easement, the fence must be a minimum of 5ft or a ratio away from the infrastructure whichever is greater (ie. storm pipe within the easement is 7ft deep, fence must be located 7ft away from pipe where proposed parallel).
Easements & Right-of-Way Private drainage easements: Fences may be placed within private drainage easements at the discretion of the homeowners association, landowner, or other entity whom the easement serves. The fence cannot impede or redirect above-ground water flow or damage any underground system.
Can You Build a Fence on an Easement? Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example).
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. This concept is similar to adverse possession; adverse use of the road creates an easement.
In the state of North Carolina the law on encroachment is dealt with as ?continuing trespass?. An owner of property that shows proof that their neighbor has committed encroachment is allowed to the damages that were caused for the loss of value of the land during that time of encroachment.
Easement in Gross is a mere personal interest in or right to use the land of interest in or right to use the land of another; it is purely personal and usually ends with the death of the grantee. 1 burdens one parcel of land while 1. burdens one parcel of land while benefiting another parcel.
