Easements Here, There, Everywhere

What is an Easement?

An easement is a legal right that allows one person or entity (the easement holder) to use another person’s land for a specific purpose even though they do not own the land.  Easements are a type of property interest and can be created for various reasons such as granting access to landlocked properties, providing utility companies access to install and maintain infrastructure, or allowing neighbors to use a portion of another person's land for specific purposes.

Easements can be established through various means, including written agreements, court orders, or by prescription.  It is important for property owners in North Carolina to understand their rights and responsibilities regarding easements, as they can impact how land is used and developed. Consulting with a real estate attorney or conducting a title search can provide valuable information about any existing easements on a property.

What is an Encroachment?

An easement encroachment occurs when a property owner’s use or structure extends into an area that is subject to an easement. An encroachment can lead to legal disputes and may require resolution such as adjusting the encroaching structure, negotiating compensation, or seeking a court ruling.  A title search will uncover existing easements and help avoid encroachments.

How does an Easement Affect My Land?

If there is a reference in your deed stating that your property is subject to “easements of record”, that means any easement in your chain of title (all the way back to the grant from England) encumbers your property, even if not specifically referenced in your deed.  This emphasizes the need for a thorough title search and title insurance.

Easements are very common and are necessary for utilities to access your property or for you to gain access to your land.  The key is to know what easements are on your property and the scope of the easements.