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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Property line laws in North Carolina establish the legal boundaries and regulations for property owners in the state. These laws define the limitations and responsibilities of landowners, ensuring peaceful coexistence and clear demarcation between neighboring properties. It's important to understand the different types of property line laws in North Carolina to avoid potential disputes and legal issues. One type of property line law in North Carolina is known as the "doctrine of adverse possession." This legal principle allows a person who has openly and continuously occupied another person's property without permission for a certain period of time (typically 20 years in North Carolina) to potentially claim ownership of that property through adverse possession. This law aims to reward the diligent use and improvement of land while protecting those who reasonably relied on their property boundaries. Another significant property line law in North Carolina is the "right to lateral support." This law ensures that each landowner has the right to appropriate support from the adjoining land for their property. It means that neighboring landowners must refrain from actions that could undermine or damage the stability of the land, such as excavating or constructing structures that may harm the structural integrity of the adjoining property. This law helps maintain the structural integrity of both properties, preventing unnecessary damage and disputes. Additionally, North Carolina has property line laws related to fences and boundary disputes. These laws outline the requirements for constructing fences, such as height restrictions, maintenance responsibilities, and location regulations. When boundary disputes arise, North Carolina's property line laws provide recourse for resolving these disagreements through legal channels, including surveying, mediation, or court proceedings. These laws aim to offer a fair and objective solution to disputes, ensuring that property owners' rights are protected. In summary, property line laws in North Carolina encompass various aspects of property ownership and boundaries. Understanding these laws and their different types is crucial for maintaining harmonious relationships between neighboring property owners and avoiding potential legal disputes. Being aware of the doctrine of adverse possession, right to lateral support, and laws related to fences and boundary disputes can help property owners navigate these complex regulations and protect their interests.
