An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In this agreement, co-owners of an easement agree to share the costs and expenses of maintaining the easement.
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Finding out your property is landlocked with no private or public access to a road is not news that any landowner in North Carolina wants to hear. If you have friendly neighbors that are willing to grant you an easement for access to a road, your problem is solved.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement on your property does not mean that someone else owns part of your property. It simply means that another party knows a nonpossessory interest in your property.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
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.
Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement.
