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North Carolina Subordinaton of Mortgage Lien to Easement and Right of Way

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US-OG-1212
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This form is a subordination of mortgage lien to easement and right of way.
North Carolina Subordination of Mortgage Lien to Easement and Right of Way is a legal mechanism that allows for the temporary or permanent prioritization of an easement or right of way over the mortgage lien on a property in North Carolina. This process may be necessary when there is a need to grant access to another party or entity for specific purposes, such as utility installation, road construction, or other designated uses. By subordinating the mortgage lien to the easement or right of way, the property owner acknowledges that the party granted access will have certain rights and privileges on the property that may supersede the mortgage lender's interests. In North Carolina, there are various types of Subordination of Mortgage Lien to Easement and Right of Way depending on the specific circumstances and requirements. Some common types include: 1. Temporary Subordination: This type of subordination typically occurs when there is a temporary need for an easement or right of way, such as for construction purposes or during a specific project. The mortgage lien is temporarily subordinated to allow for the necessary access, but once the project or designated term is over, the mortgage lien resumes its previous priority. 2. Permanent Subordination: In certain cases, it may be necessary for the mortgage lien to be permanently subordinated to the easement or right of way. This often occurs when there is a long-term or perpetual need for access, such as for ongoing utility maintenance or public road access. The property owner and mortgage lender agree to permanently prioritize the easement or right of way over the mortgage lien for the specified area of the property. 3. Partial Subordination: When only a portion of the property requires an easement or right of way, a partial subordination may be employed. This allows for the mortgage lien to retain priority over the unaffected parts of the property, while being subordinated to the specific area designated for the easement or right of way. The process of subordinating a mortgage lien to an easement or right of way in North Carolina typically involves reaching an agreement among the property owner, mortgage lender, and the party or entity seeking the easement. This agreement is then legally recorded to ensure its enforceability and provide notice to interested parties. It is crucial for all parties involved to consult with legal professionals during the process to ensure compliance with North Carolina state laws and protect their respective interests. In summary, the North Carolina Subordination of Mortgage Lien to Easement and Right of Way involves prioritizing an easement or right of way over a mortgage lien on a property for a specified period or permanently. It is essential to understand the different types of subordination available and follow the necessary legal procedures to ensure compliance and protect the rights of all parties involved.

North Carolina Subordination of Mortgage Lien to Easement and Right of Way is a legal mechanism that allows for the temporary or permanent prioritization of an easement or right of way over the mortgage lien on a property in North Carolina. This process may be necessary when there is a need to grant access to another party or entity for specific purposes, such as utility installation, road construction, or other designated uses. By subordinating the mortgage lien to the easement or right of way, the property owner acknowledges that the party granted access will have certain rights and privileges on the property that may supersede the mortgage lender's interests. In North Carolina, there are various types of Subordination of Mortgage Lien to Easement and Right of Way depending on the specific circumstances and requirements. Some common types include: 1. Temporary Subordination: This type of subordination typically occurs when there is a temporary need for an easement or right of way, such as for construction purposes or during a specific project. The mortgage lien is temporarily subordinated to allow for the necessary access, but once the project or designated term is over, the mortgage lien resumes its previous priority. 2. Permanent Subordination: In certain cases, it may be necessary for the mortgage lien to be permanently subordinated to the easement or right of way. This often occurs when there is a long-term or perpetual need for access, such as for ongoing utility maintenance or public road access. The property owner and mortgage lender agree to permanently prioritize the easement or right of way over the mortgage lien for the specified area of the property. 3. Partial Subordination: When only a portion of the property requires an easement or right of way, a partial subordination may be employed. This allows for the mortgage lien to retain priority over the unaffected parts of the property, while being subordinated to the specific area designated for the easement or right of way. The process of subordinating a mortgage lien to an easement or right of way in North Carolina typically involves reaching an agreement among the property owner, mortgage lender, and the party or entity seeking the easement. This agreement is then legally recorded to ensure its enforceability and provide notice to interested parties. It is crucial for all parties involved to consult with legal professionals during the process to ensure compliance with North Carolina state laws and protect their respective interests. In summary, the North Carolina Subordination of Mortgage Lien to Easement and Right of Way involves prioritizing an easement or right of way over a mortgage lien on a property for a specified period or permanently. It is essential to understand the different types of subordination available and follow the necessary legal procedures to ensure compliance and protect the rights of all parties involved.

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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.

ofway is a type of easement that gives one person the legal right to cross the property of another to access their own property.

Right of Way Right of Way is responsible for acquisition of all necessary lands and improvements of all roads and highways.

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.

Roads without curb and gutter shall have a minimum right-of-way of sixty-six (66) feet, although curb and gutters shall be installed on all paved roads unless the county engineer determines that another system is acceptable.

(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.

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.

More info

Insert legal name of trustee on deed of trust to be subordinated to the Easement, if applicable. Multiple subordination pages must be utilized if multiple deeds ... Any mortgages, non-governmental liens, or deeds of trust against the Property must be subordinated to this. Sidewalk Easement. Preparation of this form may ...Document requested for mortgage holder approval, such as the Model Consent, Non-Disturbance, and Subordination Agreement. 1.02 THE RESPONSIBILITY OF THE RIGHT OF WAY. EMPLOYEE TO THE PUBLIC. All Right of way employees should constantly bear in mind that the good will of the ... (a) The holder of legal or equitable title of an interest in real property may create, grant, reserve, or declare valid easements, restrictions, or conditions ... When a mortgage holder subordinates a mortgage to a conservation easement, they agree to allow the easement to be first in the chain of title, so that in the ... An easement is an interest in land and. An easement is an interest in land, and is generally created by deed. Borders v. Yarbrough, 237 N.C. 540, 542, 75. Consent to Easement (By Mortgagee or Beneficiary in Deed of Trust) · Consent to ... Subordination of Mortgage Lien to Easement and Right of Way · Surface Tenants ... In cases where the railroad easement adjoins a public road right-of-way, the adjacent property owner's right, title and interest in the abandoned railroad. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the ...

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North Carolina Subordinaton of Mortgage Lien to Easement and Right of Way