North Carolina Road and Utility Easement Agreement

State:
Multi-State
Control #:
US-OG-1129
Format:
Word; 
Rich Text
Instant download

Description

This form is a road and utility easement agreement.

A North Carolina Road and Utility Easement Agreement is a legally binding document that grants or establishes the right to use a piece of land for road or utility purposes. This agreement typically involves the owner of the property, known as the granter, and the party who requires the easement, known as the grantee. The purpose of a road and utility easement is to allow the grantee, such as a public utility company or a government agency, to access a specific portion of the granter's property for constructing, maintaining, and operating roads, power lines, water pipes, gas lines, or other utility infrastructure. The agreement outlines the terms and conditions under which the grantee can access and use the land. It defines the exact location and extent of the easement, ensuring that the grantee has a clear understanding of their rights and limitations concerning the granted access. In North Carolina, there are several types of road and utility easement agreements that can be customized based on specific needs: 1. Road Easement Agreement: This agreement focuses solely on granting a right of way for road construction, maintenance, and usage. It typically entails details regarding the width, length, and location of the road easement, as well as any specifics related to its maintenance responsibilities and permitted uses. 2. Utility Easement Agreement: This agreement is specifically designed to grant an easement for utility-related purposes, such as installing and maintaining utility infrastructure like power lines, water pipes, and gas lines on the granter's property. It would include provisions related to the width, depth, and location of the utility easement, as well as any restrictions or obligations imposed on the grantee. 3. Combined Road and Utility Easement Agreement: Sometimes, a single agreement is used to address both road and utility access needs. It covers both the establishment of roadways and granting utility easements on the granter's property. This type of agreement consolidates the terms and conditions for both types of easements, ensuring clarity and convenience for all parties involved. It is important to consult with legal professionals or land surveyors in North Carolina when drafting a road and utility easement agreement to ensure compliance with state laws and regulations.

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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.

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. 10.

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.

Generally, the owner of any easement has a duty to maintain the easement.

Utility easements include the right to maintain or work on the utility. Provided they're working only in the easement area, a utility company does not need permission to work on your property ? including digging in your yard.

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.

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.?

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.

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Jul 31, 2023 — The rules governing a utility easement in North Carolina are typically spelled out in a PUE deed. ... filling out a contact form. Share on Social. If it is a private easement the holder of. If it is a private easement, the holder of the easement must file a document in the register of deeds office of the ...It is understood and agreed that the Department shall have the right to construct and maintain the cut and/or fill slopes in the above-described permanent ... Jul 2, 2022 — Agreement between NCDOT and the North Carolina Department of Environment and ... the General Statutes” means a water or sewer utility regulated by ... plat such as roads, utility easements, opens space, and ... Disclaimer! • The intent of this document is to provide a guide to understanding easements in North. 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 ... If an easement is desired, please complete this form and submit to the State Property Office. Sincerely,. Director Application for Easement. In State Owned ... Dec 10, 2014 — The most basic way to create an easement, of course, is for the owner of the servient estate to agree, in writing (since an easement is an ... When easements are needed, a Duke Energy representative will contact property owners directly to discuss terms for acquiring access through their land. When ... A right of way is a type of easement or agreement that grants a utility the ... easements from property owners along the selected route as necessary. We have ...

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North Carolina Road and Utility Easement Agreement