[AT] Off Topic Property Right of Way

David Bruce davidbruce at yadtel.net
Mon Nov 3 12:53:59 PST 2014


In NC the owner of a landlocked property by law has the right to an
easement for access but usually the best course is to get that owner to
agree to that easement rather than a legal battle. Laws vary by states and
I am surely not a lawyer. Local conditions make a huge difference but often
the nice approach has dividends.

David
NW NC

On Mon, Nov 3, 2014 at 1:09 PM, Stephen Offiler <soffiler at gmail.com> wrote:

> And I do NOT mean to pick on you, Joe, not at all.  I am careful to use the
> correct terminology because it REALLY helps to speak the right language
> when you're trying to discuss this with the county, or with an attorney.
>
> SO
>
> On Mon, Nov 3, 2014 at 12:50 PM, Joe Hazewinkel <jahaze at aol.com> wrote:
>
> > Your right Steve, all I could think of was eminent domain since we use
> > that at work all the time... Your classification is the correct one.
> >
> > Enjoy, Joe
> >
> > Sent via mobile device
> >
> > On Nov 3, 2014, at 12:32 PM, Stephen Offiler <soffiler at gmail.com> wrote:
> >
> > I agree with Joe except for terminology.  I *think* (but again I am not a
> > lawyer) what he called "eminent domain" is really "adverse possession".
> > Eminent domain is the government taking private property for public use
> > with due compensation.  That's not an issue here.
> >
> > SO
> >
> > > On Mon, Nov 3, 2014 at 12:10 PM, Joe Hazewinkel <jahaze at aol.com>
> wrote:
> > >
> > > I would contact the current owner first, but also check into easements
> > > that may exist.  The easiest place to check will be to get a copy of
> the
> > > deed to see if it provides for ingress/egress to your parcel.  Access
> > laws
> > > can vary from state to state so your situation is likely unique for
> your
> > > area.
> > >
> > > Now, since you have been using the road for access for more than seven
> > > years, eminent domain comes into play, you should consult legal council
> > on
> > > this matter, but in general, if you have always used it, and the
> current
> > > owner hasn't stopped you from using it for a period of at least seven
> > > years, they cannot prevent you from continued use.
> > >
> > > If you haven't spoken with the real owner, I would touch base with him.
> > I
> > > say real owner because often times the guy who yelled at your dad may
> not
> > > even be the owner (I run into that all the time).  It sounds like it
> > might
> > > be time to get a legal easement for access.
> > >
> > > Enjoy, Joe
> > >
> > > Sent via mobile device
> > >
> > > On Nov 3, 2014, at 11:40 AM, Will Powell <
> > william.neff.powell at comcast.net>
> > > wrote:
> > >
> > > Hello,
> > >
> > > After hiring a forester to look over 109 acres of family owned land in
> > > upstate NY's Tug Hill region the recommendation is "Harvest". He has
> > > provided 3 plan options, each one with different price points. I like
> the
> > > highest cost because he sends out to 10 bidders and manages everything.
> > > Land is in family trust with 5 members so I like the managed approach.
> > >
> > > One of the main bottlenecks to the harvest is the right of way into the
> > > property. There is a road we have been using for over 35 years that
> cuts
> > > through 50 acres between our property and the road. My great uncle
> owned
> > > the 50 acres in the past and sold it to the current owner. The current
> > > owner had a camp back in the 60's and they used to give us a hard time
> > > about using their road. Their camp burned down early 70's and we have
> > been
> > > using the road since.
> > >
> > > Not sure if my uncle secured a right of way, I don't think he did. (I
> > will
> > > be checking the deeds)  We had a road back from the 40's to the 70's
> that
> > > went through a stream but that has grown over.
> > >
> > > There was one confrontation with the current owner when my father was
> > > mowing the road , he was stopped and confronted. My father said "We
> need
> > > access to our property and we could go the expensive route through a
> > judge
> > > if he wanted to go that way".  The guy said use the road but don't fix
> it
> > > up.
> > >
> > > I'm done not being able to fix the road. I have an RV that I want to
> > bring
> > > onto the property and I want the road fixed...
> > >
> > > So, what are my options? Should I contact the current owner or should I
> > > just appy somehow through the county for a right of way?
> > >
> > > Regards,
> > >
> > > Will
> > >
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