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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In North Carolina, a right of way is a type of easement that grants the holder the right to travel over another person's property for specific purposes, such as accessing a public road or highway. This can be established for the benefit of an individual, multiple people, or the public. Rights of way can be created by express grants in deeds, by necessity (when a property is landlocked and has no other access to a public road), by prescription (through long-term continuous and open use), or by implication (from the circumstances of the property division). The maintenance of the right of way is typically the responsibility of the holder, unless an agreement or statute specifies otherwise. North Carolina law requires that the use of the right of way must be consistent with the terms of its creation and not excessively burdensome on the servient estate—the property over which the right of way runs.

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Real property

right of way easement

Individual & Family Legal Plan

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North-Carolina State Code

North-Carolina State Code

Real property

right of way easement

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