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Ray
Ray, Lawyer
Category: Real Estate Law
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Experience:  Texas Attorney for 30 years dealing in real estate
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If there is a public easement and the underlying title

Customer Question

If there is a public easement and the underlying title remains with the owner, who actually owns the property considered an easement? The North Carolina DOT claims to a right of way along this street is based upon limits of maintenance.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA Ray here to help you.

This is called an easement in gross.Here the utility is the dominant interest,a s they have right to use, you the landowner are the servient interest.

An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

You still own the land but any sale is subject tot he utility easement.So here you can check your deed to see where there is a dedicated express easement.This is actually pretty standard for utilities to have such access to be able to maintain the utility poles, wires, etc.

Expert:  Ray replied 1 year ago.

Reference

http://realestate.findlaw.com/land-use-laws/easement-basics.html

Bot***** *****ne you own the surface subject to the easement that allows them access for utility purposes.

I appreciate the chance to help you today.Thanks again.

Customer: replied 1 year ago.
Part of the easement is used for vehicle traffic and I still do not know who owns part of the land because the utility is for surface transportation. That is for the utility of only part of the easement. As I said the N. C. DOT has claim to the easement.
Expert:  Ray replied 1 year ago.

The easement is public record.If you got a title policy to your land look at the exceptions it will reference the easement and what volume and page.You can also check in county deed records it will be recorded there as well.Again it is public record as to who has deed easement here.

Thanks for the follow up.

Expert:  Ray replied 1 year ago.

NC DOT can also provide a copy for you here is contact information..

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