North Carolina Amendment to Easement (Powerline Easement)
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FAQ
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.
Permanent Utility Easements (PUEs); Machiavelli's taking The Department of Transportation (DOT) often condemns land along its highway projects for utility providers to place the equipment needed to operate their utilities and serve their customers. The DOT does so by taking what are called permanent utility easements.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
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.?
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.
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.
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.
