Generations of Attorneys Serving Generations of Clients

Easements and your property rights in North Carolina

| Aug 8, 2019 | Uncategorized

When you buy property in North Carolina, you probably have specific plans for how you want to use your land. Whether you want to build a home, construct a building for your company or preserve the land for future development, you will want to learn everything you can about your property. This includes finding out if there is an easement that could affect your property use.

If you buy property that has an easement on it, you will want to find out what that means and how it will affect your daily land use. An easement is a property right that another party has to use or access your land. This may seem preposterous or unfair, but easements are quite common. You will want to be diligent in learning about the ways this could impact you or if there is a way you can effectively challenge the easement.

How does it work?

An easement on your property does not mean that someone else owns part of your property. It simply means that another party knows a nonpossessory interest in your property. This means that other parties will be able to access your property or use a part of your property for a specific reason. There is often a lot of misunderstanding over easements, including their purpose and their legitimacy.

The party who benefits from the easement on your property cannot remove you from your land or place an unfair burden on you. An example of an easement is the right that a party has to use your land to access a public area or his or her own property. Another example is a utility easement, which is the right of the local government to install necessary utilities on a portion of property. 

How long does it last?

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. There are times when appealing or fighting an easement could be successful. This is a complex issue, and you will find it beneficial to discuss your concerns with an experienced real estate attorney.

The laws that impact property rights and land use are complicated. It is not easy to navigate situations involving easements. You will find it helpful to first discuss your easement with a legal advocate before you move forward with any legal action.