NC Electives

Easements: Right Up Your Alley…and Other Unexpected Places

Like many of my courses, this course on easements was suggested and inspired by one of my students. As I looked into the possibility of writing such a course, my first thoughts were “Will my students be interested in this subject?” and “How important is knowledge about easements to North Carolina (NC) brokers?”

I was surprised as I began reading about easements that very little about this subject taught to NC prelicensing students. Yet I receive a number of calls and emails from my students every year about transactions that had easement troubles—sewage easements, drainage rights of way, and the like. None of their easement problems were easy to resolve. I often had to go down the rabbit hole of research to help guide them about possible resolutions.

I was also surprised to find that easements were interesting! Well, maybe easements aren’t as interesting as what’s on Netflix, but brokers might find that knowing more about easements would help them in their next transactional encounter.

As a result of my delving into the subject of easements, I decided that these questions are the most relevant:

• What are easements?
• What are the various categories of easements?
• What are the differences between easements, rights of way, licenses and encroachments?
• What are the terms that attorneys use to describe easements?
• What are various uses for easements?
• How are easements created?
• How are easements terminated?
• How are easements discovered?
• How do contracts, deeds, and title insurance handle easements?
• What disclosure obligations do brokers have?

Course Number: 1879 Name of elective cou...: Easements: Right Up Your Alley…and Other...

  • Section 1: Introduction to the course
  • 1.1 Introduction from Debbie
  • 1.2 Introduction to the course
  • 1.3 Course goals and objectives
  • 1.4 Video: How to navigate this course
  • 1.5 Rules of engagement
  • 1.6 Your instructor
  • Section 2: What are easements?
  • 2.1 What are easements?
  • 2.2 Review: What are easements?
  • Section 3: What are the various categories of easements?
  • 3.1 Categories of easements
  • 3.2 Review: What are the different categories of easements?
  • Section 4: Are rights-of-way, licenses, encroachments different?
  • 4.1 Differences: rights-of-way, licenses, and encroachments
  • 4.2 Public beach right-of-way: Who owns the beach?
  • 4.3 Dealing with a common encroachment: Big trees
  • 4.4 Review: Differences: rights-of-way, licenses, encroachments
  • Section 5: What are the terms that attorneys use to describe easements?
  • 5.1 What are the legal terms associated with easements?
  • 5.2 Easement law cases
  • 5.2 Review: What are the legal terms used in describing easements?
  • Section 6: What are various types of easements?
  • 6.1 Types of easements
  • 6.2 Types of easements: Government
  • 6.3 Why it's important to understand avigation easements
  • 6.4 One more word about avigation easements
  • 6.5 Sewer easements
  • 6.6 Types of easements: Quasi-government
  • 6.7 Why landowners create conservation easements
  • 6.8 Types of easements: Nongovernmental
  • 6.9 What happens when you have a cemetery on your property?
  • 6.10 Another nongovernmental easement
  • 6.11 What Cher and Christine Aquilera can teach us about air rights
  • 6.11 Other nongovernmental easements
  • 6.12 What happens when your property is landlocked?
  • 6.13 Review: What are the types of easements?
  • Section 7: How are easements created?
  • 7.1 How easements are created
  • 7.2 One more time: Easements by prescription
  • 7.3 Another example of a potential easement by prescription
  • 7.4 Review of easements
  • 7.5 Review: How are easements created?
  • Section 8: How are easements terminated?
  • 8.1 How are easements terminated?
  • 8. 2 Review: How can easements be terminated?
  • Section 9: How are easements discovered?
  • 9.1 How can easements be found?
  • 9.2 Difference between standard and enhanced title insurance
  • 9.3 Review: How can easements be discovered?
  • Section 10: How can easements be valued?
  • 10. 1 How is easement value estimated?
  • 10.2 And if the feuding grannies aren't enough
  • Section 11: How do contracts and deeds handle easements?
  • 11.1 What do NC contracts and deeds say about easements?
  • 11.2 What a title report is all about
  • 11.3 Review: How do contracts and deeds handle easements?
  • Section 12: What are a broker's disclosure obligations?
  • 12.1 What do brokers have to disclose about easements?
  • 12.2 What are the special concerns regarding airports and avigation easements?
  • 12.4 What are a broker's disclosure obligations regarding easements?
  • Section 12: Conclusion
  • 13.1 Let's sum it up
  • 13.2 You're almost done!
  • 13.3 End-of-course survey
  • 13.4 Just hit the complete button
Completion rules
  • All units must be completed
  • Leads to a certificate with a duration: Forever