Certain items are excluded from a subdivision, to include: (1) the combinations or recombinations when the total number of lots is not increased (2) the division of land into parcels greater than ten (10) acres when no street right-of-ways are involved (3) public acquisition for widening or opening streets or (4) division no greater than two (2) acres into not more than three (3) lots, no street right-of-ways are involved, and the lots exceed standards of county per its subdivision regulations. 160D-1110 may be denied for lots that have been illegally subdivided. Building permits required pursuant to G.S. Such penalties are applicable even when a description is by metes and bounds. Criminal penalties can be imposed for transferring lots in unapproved subdivisions. The importance of creating an express easement by an actual, physical survey drawn by a licensed professional land surveyor should not be underestimated. Written easements are construed pursuant to the rules governing contracts. Care should be given to define both the dominant and servient estate and the exact size and location of the easement. ![]() An easement by express grant, as an interest in land, is subject to the Statute of Frauds and thus must be in writing. Express Easements, Reservation of Easements, & Master Declarationsġ. An easement’s scope may be limited ( i.e., only for pedestrian or vehicle ingress, egress, or regress) or unlimited ( e.g., above-ground utilities).ī. An easement “in gross” is for a specific individual, which may terminate in the future (such as upon death of a grantee) an appurtenant easement runs with the land. ![]() An easement is a right to use or enjoy the land of another. If an owner’s property does not abut a public road, an easement may be required.Ī. This article addresses a common issue that often arises with respect to real estate: access.
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