February 24

2011 Update – Easements & Access in North Carolina Law

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For the past twenty years, Statewide Title, Inc., a premier North Carolina title insurance company, has produced an Annual Real Property Seminar.  This collection of presentations lasts an entire day and is a continuing legal education seminar focused on new developments and issues in North Carolina real property law.  It also routinely reviews some old favorites, including

  • Real Estate Problems and Pitfalls;
  • Claims Avoidance;
  • Agents and Fiduciaries; and
  • Corrective Statutes.

Statewide Title offers it at numerous locations in the Fall of each year and again in February, and it is a great opportunity for real estate trial lawyers as well as real estate transaction attorneys to learn about key new and old NC real estate laws.  It also fulfills a large part of North Carolina attorneys’ CLE requirements.

Law of Easements and Access in North Carolina

This year, one of the areas of North Carolina real estate law we covered was Easements and Access.  Updates and topics ranged from

  • implied dedication of easements by recorded plat; to
  • easements established by prescription; to
  • NC DOT right-of-way easements.

The revised CLE paper for the Easements and Access section of the CLE runs about 22 pages long and addresses these topics as well as a host of other related issues, cases, and statutes.

Easements, Access and Eminent Domain

Many easement and access issues can come into play in land condemnation in North Carolina.  They frequently affect

  1. what existing property interests are affected;
  2. what new property interests are acquired;
  3. damages to the remainder of the subject property; and
  4. valuation and just compensation for the taking.

Understanding what easements are, how they are created, what their requirements are, and how they can be acquired or terminated, can be key to determining just compensation in a North Carolina land condemnation case.

Get the Article on Easements and Access in North Carolina

At the request of the editors of CarolinaCondemnationLaw.com, Statewide Title has now made this CLE article on Easements and Access in North Carolina publicly available at no cost.*  To download it now, you should click here.

___________________

Chris Burti is Vice President and Legal Counsel of Statewide Title, Inc., a premier, independently owned title insurance agency that has been writing residential and commercial title insurance policies in North Carolina since 1984. As a former North Carolina municipal lawyer, Chris has practiced both real estate litigation and transaction law, and has tried condemnation cases for condemnors and property owners.  He is available to answer your questions about insurable title in North Carolina.  To reach him directly, you should click here.

* By downloading your own copy of this article, you acknowledge that you have a license to download and print one copy, but that Statewide Title, Inc. retains the full copyright to this document, and reserves all rights to it, other than granting you personally this one license.  So, if you would like to share the article with someone else, please simply send them this link to this page.

 

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  • I lived on a track of land, owned by my parents and grandmother,in a doublewide for many years. I was given the home and title by relatives. Later I was also given an acre on which was the doublewide. After the death of my grandmother, the land was further divided. I had in my possession a map with a 20ft easement which was not signed by my parents, but nonetheless a 50ft easement was recorded on the new map going from my land. through my parents’ land and stopping at the cousins. I paid had the mobile home moved and made plans for home to be built. After the initial site work was done it was discovered that the easement line had gone through a portion of the then existing double-wide and subsequently it would pass through the home I intended to place in the same area. I have been told that I may simply have a new map drawn up without an easement but all landowners must agree to it. No one else is living on the properties. Is this legal? And does an easement have to be 50ft in Hoke County, NC?

  • Dear J. Henderson,

    Thank you for visiting this blog and for your inquiry. The rules with regard to the rights of parties to an easement vary from state to state and vary according to the specific terms of the easement itself. We are, unfortunately unable to provide a more meaningful answer your question. First, we are prohibited from engaging in the unauthorized practice of law by giving legal advice which an answer to your inquiry would certainly require. Second, a meaningful response to your inquiry can only be provided after a careful examination of the land records concerning your property and knowledge of the law applicable in that jurisdiction by an experienced, local real property attorney. We would urge you to consult with such an attorney without delay.

    Thank you again for visiting this blog

    Best regards,

    Chris Burti
    Vice President and Legal Counsel
    Statewide Title, Inc.
    110 East Arlington Boulevard
    Greenville, NC 27858
    800-522-8694
    Fax 800-522- 8563
    Mail to: chris@statewidetitle.com

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