Detailed Answer
An easement grants someone else the right to use part of your property. Without proactive planning, heirs may face disputes or unclear title issues. Those delays can reduce the net value of your estate and drive up legal fees during probate. By addressing easements in advance, you help ensure a smoother transfer of property and protect the full value you intend to pass on.
In North Carolina, an easement qualifies as an interest in land under N.C. Gen. Stat. § 39-3 (Easements as Appurtenances). The recording statutes in Chapter 47 establish how to create or release easements. A boundary survey may be recorded under N.C. Gen. Stat. § 47-16 (Plat of Survey), and deeds or easement releases must comply with N.C. Gen. Stat. § 47-17 (Record of Deeds and Instruments).
Proper estate planning tools offer you control. A revocable living trust, for example, holds title to real property and bypasses probate. You set aside assets, instructions, and any intended releases of easements in drafting documents. Incorporation by reference (see N.C. Gen. Stat. § 36C-2-201 (Incorporation by Reference)) lets you attach surveys, maps, or maintenance agreements directly into your trust or will.
When you name a professional fiduciary or trustee, you give heirs a clear roadmap. Your chosen fiduciary follows your directions to obtain releases, verify access rights, or adjust boundary lines before death. This process reduces surprises at settlement and helps preserve your estate’s full market value.
Key Steps to Prevent Easement Delays and Maximize Estate Value
- Conduct a Comprehensive Title Search: Identify existing easements and rights-of-way early. Engage a title company to spot any recorded or unrecorded interests.
- Order a Boundary Survey: Hire a licensed surveyor to map property lines. Record the survey under N.C. Gen. Stat. § 47-16 to create clarity for future owners.
- Address Unused or Burdensome Easements: Negotiate releases or buyouts from beneficiaries of easements. Record releases through the register of deeds under N.C. Gen. Stat. § 47-17.
- Use a Revocable Living Trust: Transfer real property into a trust to avoid probate of that asset. Trust assets pass directly to beneficiaries under your terms.
- Include Clear Instructions: Attach survey maps or maintenance agreements to your will or trust by reference under N.C. Gen. Stat. § 36C-2-201. This avoids uncertainty about property boundaries.
- Name a Trustee or Personal Representative: Select a trusted fiduciary authorized to resolve title issues, negotiate easements, or obtain releases promptly.
- Review and Update Plans Regularly: Check your estate plan every few years or after major life events. Confirm that no new easements or encroachments affect your land.
Conclusion and Next Steps
By taking these proactive steps, you safeguard your heirs from unnecessary disputes, clear title defects before probate, and preserve the full market value of your real property. Pierce Law Group has experienced attorneys ready to guide you through every aspect of estate planning, from surveying and title review to drafting wills and trusts. Contact Pierce Law Group today by emailing intake@piercelaw.com or calling (919) 341-7055 for a consultation.
