Wake North Carolina Utility Easement

State:
Multi-State
County:
Wake
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

The servient landowner provides the easement while the dominant landowner is the one benefitting from the easement. There are different types of easements, each addressing specific situations. Easements usually have time limits that should be documented to prevent future issues between the two parties.

The most basic way to create an easement, of course, is for the owner of the servient estate to agree, in writing (since an easement is an interest in land), to grant an easement to another person or specially reserve an easement when the owner conveys a parcel of the owner's land to another person.

Drainage easements are created to designate areas for the passage of surface water runoff. Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property.

An easement is a registrable property right so must be capable of being granted by deed, even if it hasn't been so granted.

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.

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.

An easement is the right of someone, the easement "owner," to use another person's land for a specific purpose. 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.

An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.

An easement is a right to use land An easement is a right to use land belonging to another. An easement is an interest in land and An easement is an interest in land, and is generally created by deed. Borders v. Yarbrough, 237 N.C. 540, 542, 75 Yarbrough, 237 N.C. 540, 542, 75 S.E.2d 541.

Land without right of way access to a public road is referred to as landlocked, and it is possible in North Carolina for a parcel to stay landlocked if a neighbor won't convey right of way. There is not always a legal remedy for this, but state law does provide relief for some landowners.

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Wake North Carolina Utility Easement