Clinton, NC asked in Land Use & Zoning and Real Estate Law for North Carolina

Q: If siblings each own a piece of land and 2 siblings live on their piece of land and the third siblings land is not being

lived on and the only access to that piece of land is down my private path and that sibling sold her piece of land to a company without letting us know do we have to grant that company access to that piece of land or do they have to find another access

1 Lawyer Answer
Anthony M. Avery
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  • Real Estate Law Lawyer
  • Knoxville, TN

A: That possibly dominant tract probably has an Easement either by Prescription, express grant, or possibly by necessity. Hire a competent attorney to perform a title search of the adjoining properties, examine survey plats and/or tax maps, and provide his opinion. If you obstruct or destroy the ROW, you may be sued and will have to do the foregoing anyway. But you also might successfully destroy any Easement Rights.

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