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Lancaster Law Firm

Understanding Easements and Rights of Way in North Carolina

Welcome to the Lancaster Law Firm blog! Easements and rights of way are common yet often misunderstood aspects of property law that can significantly impact the use and value of your property.


As experienced real estate attorneys based in North Carolina, we at Lancaster Law Firm are here to clarify these concepts and help you understand how they might affect your property ownership. This post will delve into the basics of easements and rights of way, their types, legal implications, and what to do if you encounter issues related to them.


What Are Easements and Rights of Way?


Easements


An easement is a legal right to use another person's land for a specific purpose. It does not grant ownership of the land but allows certain uses without the landowner's permission each time the easement is exercised.


Rights of Way


A right of way is a type of easement that specifically grants the right to pass through someone else's property. Rights of way are often used for access roads, driveways, or utility lines.


Types of Easements


1. Appurtenant Easements

Appurtenant easements involve two parcels of land: the dominant estate, which benefits from the easement, and the servient estate, which is burdened by it. These easements typically run with the land, meaning they transfer with the property when it is sold.


Example:


A driveway easement that allows one neighbor to cross another neighbor's property to reach a public road.


2. Easements in Gross


Easements in gross benefit an individual or entity rather than a parcel of land. These easements are typically personal and do not transfer with the property unless they are for commercial purposes.


Example:


A utility company holding an easement in gross to place power lines across a property.


3. Prescriptive Easements


Prescriptive easements are acquired through continuous and open use of the land without the permission of the owner for a statutory period, which is typically 20 years in North Carolina.


Example:


A neighbor using a path across another's property openly and continuously for more than 20 years may gain a prescriptive easement.


4. Easements by Necessity


Easements by necessity arise when a property is landlocked and requires access to a public road. These easements are created out of the necessity to access the property.


Example:


A landlocked parcel that needs a driveway through a neighboring property to reach the nearest public road.


5. Express Easements


Express easements are created by a written agreement between the property owner and the party benefiting from the easement. These easements are usually detailed in the property deed.


Example:


A property owner granting a neighbor a written easement to install a sewer line across their land.


Legal Implications of Easements


Property Value and Use


Easements can affect property values and the use of the land. For example, a utility easement might limit where you can build on your property, while an access easement can enhance property value by providing necessary access.


Maintenance Responsibilities


Easement agreements often specify who is responsible for maintaining the easement area. This responsibility can fall on the holder of the easement, the property owner, or both parties.


Disputes and Legal Issues


Easement disputes can arise over the scope of the easement, maintenance responsibilities, or interference with the use of the easement. Resolving these disputes may require legal action.


What to Do If You Encounter Easement Issues


1. Review Property Documents

The first step in addressing easement issues is to review the property deed, easement agreements, and any other relevant documents. These documents often contain crucial information about the easement's terms and conditions.


2. Conduct a Survey

A professional land survey can provide a clear understanding of where the easement is located and how it affects your property. This is particularly important if there are disputes about the easement boundaries.


3. Communicate with Involved Parties

Open communication with neighbors or easement holders can often resolve misunderstandings and disputes. Discussing the issues directly may lead to a mutually agreeable solution.


4. Consult a Real Estate Attorney

If the issue cannot be resolved through direct communication, consulting a real estate attorney is essential. At Lancaster Law Firm, we can provide legal advice, review easement documents, and represent your interests in disputes.


5. Mediation or Litigation

In some cases, mediation can help resolve easement disputes without going to court. However, if mediation fails, litigation may be necessary to protect your rights and interests.



Understanding easements and rights of way is crucial for property owners in North Carolina. These legal concepts can significantly impact how you use and enjoy your property. Whether you are dealing with an existing easement or considering granting one, it is essential to seek professional legal advice to ensure your rights are protected.



At Lancaster Law Firm, we are dedicated to helping our clients navigate the complexities of easements and rights of way. If you have any questions or need assistance with easement-related issues, please contact us.


Our experienced team is here to provide the legal support you need to make informed decisions about your property.


Disclaimer

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Neither your receipt of information from this website nor your use of this website to contact The Lancaster Law Firm or one of its attorneys creates an attorney-client relationship between you and The Lancaster Law Firm. As a matter of policy, The Lancaster Law Firm does not accept a new client without first investigating possible conflicts of interests and obtaining/sending a signed engagement letter or email correspondence. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to Lancaster Law Firm. 

No Legal Advice Intended: 

This website includes information about current, past, and future potential legal issues and legal developments for educational purposes only. Such information is provided for informational purposes only and may not reflect the most recent legal developments. Posted information is not intended, and should not be taken, as legal advice for a particular set of circumstances you may be experiencing. You should contact an attorney for advice on specific legal problems.

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