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Deed Granting Right of Way

North Carolina Deed Granting Right of Way

Name: North Carolina Deed Granting Right of Way
Brand: US Legal Forms
Rating: 4.79 (276 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

Control #:

US-0240BG

Format:

Instant download

Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

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.

The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?

Right-of-way. (a) When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

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 deed must be signed and acknowledged by the grantor. An individual form for acknowledgment by a grantor is presented in 47 38 of the North Carolina Statutes. Acknowledgments must be taken before an officer who is authorized by the state to take acknowledgments of deeds.

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.

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.

More info

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 ... You commonly see right-of-ways in deeds, where a property owner has a right-of-way to cross through another property owner's land from a public road to their ...... the Right of Way Branch, a unit within the Division of Highways, of the North Carolina Department of Transportation, hereafter referred to as the Department. Dec 17, 2014 — In North Carolina, there are three ways to obtain right of way through legal action: (1) initiating a cartway proceeding, (2) claiming a ... Deeds of easements. (continued). No deed agreement for right-of-way or. No deed, agreement for right of way, or easement of any character shall be valid as ... ... (Title). [Notary acknowledgments for the Trustee and Beneficiary follow this page.] NORTH CAROLINA. TRUSTEE. ______ COUNTY ACKNOWLEDGMENT. I certify that the ... An easement deed must be signed and acknowledged by the grantor. An individual form for acknowledgment by a grantor is presented in 47 38 of the North Carolina ... This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the ... rights-of-way acquired subsequent to 1935, shall not constitute any violation of any criminal law of the State of North Carolina. No deed, agreement for right ... The title to a Right must meet all the Legal requirements associated with Real Estate. 4. Page 5. Easement versus Profits a`Prendre. • Profits ...

North Carolina Deed Granting Right of Way

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FAQ

Can land be landlocked in NC?

What are the easement laws in North Carolina?

What is the right of way rule in NC?

Does an easement gives the owner of one property the legal use of another property?

How do I file an easement in NC?

How many feet is the right of way in NC?

Can a property be landlocked in NC?

Can a property owner block an easement in North Carolina?

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