A public easement is an easement that gives all people (the public) the right to use and enjoy a tract of property such as a street, sidewalk, park, or beach.
In North Carolina, a public easement is a type of right-of-way that allows the general public to use and access certain pieces of land for specific purposes, such as streets, sidewalks, parks, or beaches. These easements are typically established through dedication by a property owner, by prescription, or by implication. Dedication can occur when a developer or landowner indicates an intention to offer a portion of their land for public use, and the public accepts this offer by using the land. Prescription can establish a public easement when the public uses the land continuously, openly, and without the owner's explicit permission for a period of time defined by state law. In North Carolina, the period for establishing an easement by prescription is typically 20 years. Public easements are protected under state law, and property owners cannot unilaterally interfere with these rights. Local governments often maintain public easements and have the authority to regulate them to ensure they serve their intended public use.