A Perpetual Trail Easement is an agreement between a landowner and an organization or government agency that grants access to a specific area of land for the purpose of creating and maintaining a public trail. This type of easement is intended to be permanent and is not revocable. The landowner retains ownership of the land, but grants the trail-building organization or agency the right to use the land for the purpose of creating and maintaining a public trail. There are three main types of Perpetual Trail Easements: a Right-of-Way Easement, a Conservation Easement, and a Recreational Easement. A Right-of-Way Easement grants access to a specific area of land for a public trail, but does not impose any specific restrictions on the use of the land. A Conservation Easement is a type of Perpetual Trail Easement that grants access to a specific area of land for the purpose of creating and maintaining a public trail, but also imposes restrictions on the land use that prevent it from being developed or used for any other purpose. A Recreational Easement grants access to a specific area of land for the purpose of creating and maintaining a public trail, as well as for recreational activities such as hiking, camping, fishing, hunting, and skiing.
Perpetual Trail Easement
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FAQ
An easement is the right to use or restrict the use of the land. It is one right a landowner has over the land of another landowner. They are a third party right.
If you feel like the easement hinders your rights or is a hindrance to you, you have the right to take your concerns to the court. However, most courts consider easements permanent.
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.
In North Carolina, to acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period under known and visible lines and boundaries.
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 may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway or similar path across another's land for a period of twenty-one years.