A Waterway Easement and Right-of-Way is a type of legal agreement that grants a person or organization the right to access, use, and maintain a body of water or a specific waterway. This agreement typically grants an individual or organization access to the waterway in order to pursue activities such as navigation, fishing, hunting, and recreational activities. In exchange, the individual or organization may be required to pay a fee or meet certain conditions that ensure the protection of the waterway. There are two main types of Waterway Easement and Right-of-Way: permanent and temporary. Permanent easements and rights-of-way are typically granted for longer periods of time and may include restrictions on the activities that can take place on or around the waterway. Temporary easements and rights-of-way are typically granted for shorter periods and may be used for a specific purpose, such as constructing a bridge or dam.
Waterway Easement and Right-of-Way
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FAQ
An easement is a right to use land belonging to another. Individual rights can be severed from the full bundle of property rights. held by a entity other than the primary owner.
ofway can be established by deed, survey, or by an agreement. While a right of way provides a legal right to cross land, it does not give the holder any ownership rights to the rightofway.
3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use the road.
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.
Depending on the circumstances and how the easement was created, it is generally the responsibility of the dominant tenement to maintain the easement site in the same way they would manage the rest of the attached land. There is generally no obligation for the servient tenement to maintain the right of carriageway.
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.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
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.?