North Carolina Easement for Flood Control
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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.?
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. While you still own the property, you are no longer allowed to use it in any way that would interfere with the easements.
Drainage Law in North Carolina is based on Common Law and court precedent. The law states that the person on the lower estate must receive and pass the water from the higher estate(s). Also, specific statutes prohibit the blockage of streams, drainageways and easements that remove water from higher elevations.
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.
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.
Can my neighbor direct their water on to my land? If the higher landowner unreasonably diverts the flow of runoff, increases the flow, or contaminates the runoff in a way that causes material damage to the lower landowner, then the lower landowner can bring an action for an injunction and damages.
