Thank you for your patience as I reviewed this;
So the servient tenant (the property owner that has the land which the easement is on) is allowed to repair and improve the easement so long as it does not interfere with the dominant tenant's use and enjoyment of that easement.
Case law suggests that so long as there is not language to the contrary (in the deed, contract etc creating the easement), the servient tenant retains all rights that are not inconsistent with the enjoyment of the easement. Williams v. Abernathy 402 SE 2d 438 (NC Ct App 1991).
The courts have also determined the burden is on the dominant tenant to prove that such use is in fact inconsistent with the dominant tenant's rights. City of Statesville v. Bowles 169 SE 2d 467 (NC Ct App 1969)
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