A detailed description of North Carolina Easement and Right of Way (For Roadway Allowing Access to Lands) In North Carolina, easements and right of way (for roadway allowing access to lands) serve as legal mechanisms to provide access to private properties. These legal concepts are crucial for landowners and developers to ensure continued access to their land and allow for the construction or maintenance of roads and other necessary infrastructure. Understanding the different types of easements and right of way available under North Carolina law is vital for property owners and developers alike. 1. Easements: Easements in North Carolina refer to the legal right to use or access someone else's property for a specific purpose. In the context of roadway access, easements can grant the right to travel through another person's property to reach one's land. There are various types of easements recognized in North Carolina: a. Express Easements: These easements are explicitly granted through a written agreement, usually in the form of a deed or contract. Express easements clearly outline the rights and restrictions regarding roadway access. b. Implied Easements: Implied easements are not explicitly stated in a written agreement but are inferred based on the circumstances or actions of the parties involved. For example, if a landowner sells a portion of their land that can only be accessed via a particular road, an implied easement may be established. c. Prescriptive Easements: Prescriptive easements arise when someone uses another person's property for a continuous period without permission but with the knowledge and acquiescence of the property owner. If the landowner fails to challenge this use within a specific timeframe, a prescriptive easement may be legally established. 2. Right of Way: Right of way refers to the legal entitlement to pass through another person's property. In the context of roadway access, right of way grants the privilege to travel along a specific route. Right of way can be established through various means: a. Public Right of Way: Public right of way is typically established by local governments for the construction and maintenance of public roads. These rights of way allow the public to access and travel on the designated roads. b. Private Right of Way: Unlike public right of way, private right of way grants specific individuals or entities the right to use certain roads or pathways on private property. Private right of way is often established through express easements or other legal agreements. It is essential to note that the terms and conditions regarding easements and right of way can vary based on individual agreements, local ordinances, and state laws. Therefore, it is advisable to consult with legal professionals and conduct comprehensive research to fully understand the specific requirements and implications associated with North Carolina easements and right of way for roadway access to lands.
North Carolina Easement and Right of Way (For Roadway Allowing Access to Lands)
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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.?
§ 155.152 MINIMUM STREET RIGHT-OF-WAY WIDTH. Street right-of-way width shall be a minimum of 50 feet. If the adopted thoroughfare plan or the NCDOT Subdivision Roads Minimum Construction Standards mandates a greater width, the right-of-way shall be the greater width.
An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
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.
Finding out your property is landlocked with no private or public access to a road is not news that any landowner in North Carolina wants to hear. If you have friendly neighbors that are willing to grant you an easement for access to a road, your problem is solved.
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).
These types of easements include utility, aerial utility, drainage, and slope easements. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
