An easement is the right to use another person's real property for a specific purpose. This is a non-possessory interest in property, and can be either appurtenant or in gross. In North Carolina, the holder of a legal or equitable title of an interest in real property can create, grant, reserve, or declare valid easements, restrictions, or conditions of record burdening or benefiting the same interest in real property ( 39 6.4).

All real property documents in this state must be executed and acknowledged in strict compliance with the acknowledgment provisions in North Carolina in order to be recorded and to provide constructive notice. An easement deed must be signed and acknowledged by the grantor. An individual form for acknowledgment by a grantor is presented in 47 38 of the North Carolina Statutes. Acknowledgments must be taken before an officer who is authorized by the state to take acknowledgments of deeds. Documents that are executed and acknowledged out-of-state can be recorded in this state, but they must conform to North Carolina law.

A person who owns or acquires any deed or agreement for rights of way and easements of any character shall record such deeds in the office of the register of deeds in the county where the affected land is situated. If such deed or agreement has been acquired, but no use has been made of the easement, the person holding such instrument is not required to record it until within 90 days after the beginning of the use of the easement granted thereby ( 47 27). No deed, agreement for right of way, or easement of any character will be valid against any purchaser for valuable consideration but from the time it is registered with the register of deeds in the appropriate county in North Carolina ( 47 27).

(North Carolina ED Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Easement Deed

Create a right of way for pedestrian or vehicle access
Grant access for maintenance of a shared fence or wall
Establish access to a property through a private road
Grant a neighbor access to a landlocked property
Release a utility easement after relocation of services
Establish a shared driveway or road access agreement

Compare other North Carolina deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Special Warranty Deed Grant Deed Correction Deed Beneficiary and Executor Deed Executor Deed Beneficiary and Administrator Deed Durable Power of Attorney Limited Power Of Attorney For Real Property Termination of Easement Mineral Deed Quitclaim Mineral Deed Notice to Lien Agent Notice of Contract Notice of Subcontract Claim of Mechanics Lien Claim of Lien Against Construction Funds Conditional Lien Waiver on Progress Payment Unconditional Waiver on Progress Payment Conditional Waiver on Final Payment Unconditional Waiver on Final Payment Disclaimer of Interest Contract for Deed Memorandum of a Contract for Deed Release of a Memorandum of a Contract for Deed Deed of Trust Assignment of Deed of Trust Release Deed for Deed of Trust Deed of Partial Release Appointment of Substitute Trustee Certificate of Trust Notice of Lis Pendens Cancellation of Lis Pendens Notice

Important: County-Specific Forms

Our easement deed forms are specifically formatted for each county in North Carolina.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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