If you are a landowner, there are some circumstances under which someone may want access to, or to exercise some control over, your property. The Odom Firm has decades of experience representing North Carolina individuals and businesses with regard to easements and covenants.
An easement is the right to use another person’s property for a specific purpose. Some easements are not very invasive; for example, your utility company likely has an easement to enter onto your property in order to service equipment or read a meter.
Other types of easements may interfere significantly with your property rights, or your use and enjoyment of your property, such as easements for construction, conservation, or access to another piece of land (also known as a right-of-way).
The development and building taking place in Charlotte, Mecklenburg County, and throughout North Carolina is a welcome sign of growth, but it carries costs. Many North Carolina landowners are approached by developers or utility companies seeking easements and rights-of-way to facilitate construction and installation of utilities.
If you are approached, you may believe you have no choice other than to accept the easement, but that is not necessarily true. If you are approached by a utility company or developer about granting an easement across your property, you should understand exactly what rights you are giving up, and how your property value may be affected by the easement. In some cases, you may be entitled to payment to compensate for rights or value you are losing.
The land use attorneys at The Odom Firm can help you understand exactly how a proposed easement or right-of-way affects your property rights. We can also help negotiate terms of an easement to ensure that your rights are infringed as little as possible, and that you receive fair compensation.
Your land may be subject to an easement either because you granted it, or because the easement had been granted before you owned the property. Sometimes, there are questions about an existing easement or its interpretation. Over time, the extent of an easement can become unclear because of action by a landowner or the holder of an easement. The attorneys of The Odom Firm can help you clarify your rights and responsibilities regarding an easement.
If you are involved in a dispute over an easement, we can often help negotiate a resolution. If it becomes clear that the issue needs to be resolved in court, The Odom Firm has decades of experience in litigating North Carolina land use issues.
When you own or lease property, your use of your property can be subject to certain covenants, or agreements. Homes in planned neighborhoods or developments are often subject to rules of a homeowners' association (HOA) or condominium association. If you purchased or leased your home in a neighborhood with an HOA or condominium association, you agreed to be governed by these rules.
Property leased for business or commercial use may also be subject to covenants, declarations, and restrictions. Just as with easements, you may have questions about the interpretation or enforcement of covenants and how your rights are affected. The Odom Firm represents individuals, businesses, HOAS, and condominium owners' associations in matters regarding the interpretation and enforcement of covenants in North Carolina.
Our attorneys have decades of experience helping individuals, associations, and businesses with North Carolina land use issues. The Odom Firm represents clients in Charlotte, Mecklenburg County, and throughout the state in legal matters regarding easements, right-of-way, and covenants.
If you would like to learn more about our services, we invite you to call our Charlotte office at 704-377-7333 to schedule a consultation, or to contact us online.