North Carolina Amendment to Easement (Pipeline Easement - Short Form)
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FAQ
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.?
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
Who is responsible for maintaining an easement in NC? If there is an easement on your land, you're generally responsible for maintaining the area.
These types of easements include utility, aerial utility, drainage, and slope easements.
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.
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, there is a presumption that the use of a road is permissive. Therefore, a landlocked owner must prove permission to use the road was neither given nor sought.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.