North Carolina Amendment of Easement (Communications System)

State:
Multi-State
Control #:
US-OG-923
Format:
Word; 
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This form is an amendment of easement for communications system.
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FAQ

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.

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.

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.

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.

Generally, the owner of any easement has a duty to maintain the easement.

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.?

Set right of way or easements a minimum distance of 5? to 10? outside the construction limits. Generally, a typical width of 60? to 100? will be adequate.

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.

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North Carolina Amendment of Easement (Communications System)