NC General Statutes

N.C. Gen. Stat. § 160A-273 (2026)

Grant of easements

✓ current as of July 2026

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A city shall have authority to grant easements over, through, under, or across any city property or the right-of-way of any public street or alley that is not a part of the State highway system. Easements in a street or alley right-of-way shall not be granted if the easement would substantially impair or hinder the use of the street or alley as a way of passage. A grant of air rights over a street right-of-way or other property owned by the city for the purpose of erecting a building or other permanent structure (other than utility wires or pipes) shall be treated as a sale of real property, except that a grant of air rights over a street right-of-way for the purpose of constructing a bridge or passageway between existing buildings on opposite sides of the street shall be treated as a grant of an easement. (1971, c. 698, s. 1.)

Notes of Decisions

Cited in 2 cases, 1987–2004 · leading case: Cheape v. Town of Chapel Hill, 359 S.E.2d 792 (N.C. 1987).

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Cheape v. Town of Chapel Hill, 359 S.E.2d 792 (N.C. 1987). · cites it 9× “C.G.S. § 63-13, not to prohibit a conveyance of air rights independent of the land beneath.”

Moore's Ferry Dev. Corp. v. City of Hickory, 601 S.E.2d 900 (N.C. Ct. App. 2004). “General authority and control includes but is not limited to: (8) The power to grant easements in street rights-of-way as permitted by G.S. 160A-273. *448 N.C. Gen. Stat. § 160A-296(a)(8) (2003).”

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