North Carolina Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust

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Multi-State
Control #:
US-OG-309
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Word; 
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Description

This form is used when a Consenting Party consents to Owner granting an Easement and Right of Way to the extent necessary to allow aGrantee in an Easement the right to make full use of the Easement and Right of Way granted, and the surface of the lands included in the Easement and Right of Way.

North Carolina Consent to Easement by Mortgagee or Beneficiary in Deed of Trust is a legal document that pertains to real estate transactions in North Carolina. This document is required when a property owner intends to grant an easement on their property and seeks the consent of the mortgagee or beneficiary named in the Deed of Trust. The consent ensures that the easement does not interfere with the rights and interests of the mortgagee or beneficiary. Keywords: North Carolina Consent to Easement, Mortgagee, Beneficiary, Deed of Trust, real estate transactions, property owner, easement rights, consent. Types of North Carolina Consent to Easement by Mortgagee or Beneficiary in Deed of Trust include: 1. General Consents to Easement: This type of consent is sought when the property owner wants to grant an easement that does not specifically affect the mortgagee or beneficiary's interests and rights. The purpose of the easement is unrelated to the terms of the Deed of Trust. 2. Limited Consent to Easement: In cases where the proposed easement does impact the mortgagee or beneficiary's rights, a limited consent is necessary. This type of consent specifies the limitations and conditions under which the easement is granted to protect the mortgagee or beneficiary's interest during the transaction. 3. Temporary Consent to Easement: Sometimes, an easement is required for a specific period, such as for construction purposes or land surveying. A temporary consent allows the property owner to grant the easement for a limited duration, ensuring that the mortgagee or beneficiary's interests are safeguarded. 4. Exclusive Consent to Easement: In rare cases, the property owner may seek exclusive use of the easement. This type of consent requires the mortgagee or beneficiary to waive their right to use the easement or grant exclusive access to the property owner for a specific purpose. 5. Consent Variation: In certain situations, the standard consent form may not adequately address specific circumstances or unique aspects of an easement request. In these cases, a consent variation is utilized to customize the terms and provisions of the consent to suit the specific needs of the situation. In North Carolina, it is crucial for property owners, mortgagees, and beneficiaries to adhere to the legal requirements outlined in the North Carolina Consent to Easement by Mortgagee or Beneficiary in Deed of Trust. This ensures that all parties involved can protect their interests while facilitating the granting of an easement on the property.

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This means you don't need to do anything to change the deed on a property you inherit. The deed to the property automatically transfers to you after your loved one passes away. From that point, all you would need to prove that you are the rightful owner of the property is: A copy of your loved one's death certificate.

In North Carolina, real estate can be transferred via a TOD deed, otherwise known as a beneficiary deed. This deed permits a property owner to designate a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.

Cons To Using Beneficiary Deed Estate taxes. Property transferred may be taxed. No asset protection. The beneficiary receives the property without protection from creditors, divorces, and lawsuits. Medicaid eligibility. ... No automatic transfer. ... Incapacity not addressed. ... Problems with beneficiaries.

§ 41-72. Determination of the interests of joint tenants in a joint tenancy with right of survivorship. (a) The interests of joint tenants in a joint tenancy with right of survivorship shall be deemed to be equal unless otherwise provided in the instrument of conveyance.

The majority of the time a deed of trust is used in a real estate transaction in North Carolina, it will be a purchase money mortgage, or a mortgage issued to the borrower by the seller of the home as part of the purchase transaction, unlike a traditional mortgage which is obtained through a bank.

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

All deeds, contracts or leases, before registration, except those executed prior to January 1, 1870, shall be acknowledged by the grantor, lessor or the person executing the same, or their signature proven on oath by one or more witnesses in the manner prescribed by law, and all deeds executed and registered ing ...

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Download the file. When the Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust is downloaded you may fill out, print and sign it in almost any ... Insert legal name of beneficiary on deed of trust to be subordinated to the Easement. ... [Notary acknowledgments for the Trustee and Beneficiary follow this page ...The. Owner hereby agrees that any and all requirements of the laws of the State of North Carolina to be satisfied in order for the provisions of this Agreement ... This TEMPLATE is an example of the form and content of an easement agreement document that can be accepted by the City of. Concord. Please consult with a ... (1) "Mortgage" includes a deed of trust and a conditional sales contract ... No deed, agreement for right-of-way, or easement of any character shall be valid ... 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. The provisions of G.S. 45-10(a) shall apply with regard to the appointment or substitution of a trustee for any mortgage or deed of trust foreclosed pursuant to ... The easiest way to modify Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust in PDF format online · Log in to your account. · Import a document. Consent to Assignment (of Right of Way) · Consent to Easement (By Mortgagee or Beneficiary in Deed of Trust) · Consent to Right of Way Agreement (By Tenant) ... ... the New North Carolina Mortgage Satisfaction Act” and “Deed of Trust ... the beneficiary on the prior deed of trust execute and record a subordination agreement.

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North Carolina Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust