Want to ask a question? Click here

Is the dominant-tract owner with an ingress/egress easement for a servient-tract owner compelled to grant utility easement?

John Peaspanen

The answer to this question depends on the language within the individual easement agreement.

Chris O’Keefe of the New Hanover County Planning and Inspections Department explained, “All easements are created differently. If the easement talks about utilities, then they (the dominant-tract owner) are compelled. If the easement does not, then they are not. Easements are part of the bundle that comes along with property ownership.”

In an easement agreement, one land owner sells or leases a portion of the rights to their property to one or more additional property owners for a specified period of time. This is usually so that owner granted the easement can utilize the granting owner’s property for access to their own land.

The property owner who benefits from an easement is the dominant-tract owner. The land owner who grants the easement is known as the servient-tract owner.

O’Keefe gave an example, “The CFPUA (Cape Fear Public Utility Authority) buys easements to lay down water and sewer lines. But if the county wants to come in and add a bike trail to that easement, then we would need to negotiate the inclusion of that use in the easement agreement. This may require a payment for the use.”


Who is responsible for cleaning drainage ditches, the city or the homeowner?

How is it legal to build and sell docks on public waters?

User-contributed question by:

Got a comment about this post or know more about the answer? Click here to let us know!

Bookmark and Share

Ask a question

Ask a question

If you’re looking for answers about living in coastal North Carolina, you’ve come to the right place. If we don’t have the answer to your question, we’ll find out or try to find someone who does. Hey, that’s our job! So, ask your question below and we’ll do our best to find the answer. Once we do, we’ll post it in an appropriate category.

Can we use your name to credit you by name (no e-mail or other contact information) with this question when we post an answer?
Your question:

Post a comment

Talk to us!

Have a comment about this post or know more about the answer? Use this form to let us know. Note that all comments are moderated and must be approved before they are posted, although you may see your own comments the first time you post them.

Your comment: