North Carolina Release of Easement
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How to fill out Release Of Easement?
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FAQ
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.
Generally, the owner of any easement has a duty to maintain the easement.
Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
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.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
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.?
An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
