This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Mecklenburg North Carolina Utility Easement
State:
Multi-State
County:
Mecklenburg
Control #:
US-EAS-28
Format:
Word;
Rich Text
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FAQ
That means that generally, easements are considered to be permanent unless the documents indicate otherwise. There are some easements, however, that are of limited duration. Construction easements are one example of a limited easement.
The most basic easement is one that allows the easement owner access across the land of another, usually to reach and use land owned by the easement owner. The easement owner has the right to use the other person's land subject to the specific terms of the easement, which often limits the use of the easement.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
Driveway Rights and Obligations to Repair One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Equitable easements If an easement is granted other than for a period equivalent to a fee simple absolute in possession or a term of years absolute (for example, it is granted for life), it will be equitable.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
The most basic easement is one that allows the easement owner access across the land of another, usually to reach and use land owned by the easement owner. The easement owner has the right to use the other person's land subject to the specific terms of the easement, which often limits the use of the easement.
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.