Wilmington, NC asked in Real Estate Law for North Carolina

Q: Can I earn an easement by 46 years of believing, and using a 200 foot road though my neighbor? I have ROW,

My use of the 200 foot road involved all types of farm operations and required easy/safe access to the property. My deeded ROW opens directly to a major highway that is dangerous to all vehicles. My use of the 200 foot road has not been challenged in all these years. My neighbor wants to sell his property and fears that granting an easement will hurt the sale.

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: You may need to hire an attorney to file a Declaratory Judgment Action to establish an Easement by Prescription. The new owner may cut you off. You will need to put together a list of Witnesses, and title searches of both properties will help.

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