Legal Question in Real Estate Law in North Carolina

In North Carolina what is the difference between an easement and a right of way?

With either what rights does the person using the easement or right of way have?

Asked on 6/17/10, 4:48 pm

1 Answer from Attorneys

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Easements and right-of-way are basically the same as it relates to passage over someone else's land. However, you can have different kinds of easements. The easement holder gets to use the easement. The person whose land is burdened cannot interfere with the right to use. Do you have a deed referencing the easement? There are too many permutations to give you better advice.

If you want review of an existing document, either consult with a real estate attorney in your area or feel free to contact me.

Rachel Hunter

Attorney at Law

[email protected]


Admitted in GA, PA & NC

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Answered on 6/18/10, 6:10 pm

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