Richlands, NC asked in Real Estate Law for North Carolina

Q: Right of Way on Plat

We found out .2 acres of our lot was not ours. We bought from the owner for a small amount, plus legal fees. The sellers were the developer who sold to individual lots to a construction company. The construction company refused to buy the lot I am writing about. The county required the 50'x100' lot "saved" as there plans about expanding. This was a requirement if the development went over 30 houses there needs to be two roads into and exiting the development. The expansion never happened. This lot on the plat is listed as Right of Way (no details if public or private) The road was never constructed and we have the deed. Before I spend more on this home, how can I get this Right of Way removed? The lot is listed on tax records as residual. But we are about a year away from the right of way dedication being 15 years old. NCDOT sent us a letter saying they no interest in the lot. The county said they will only remove if we get all land owners on the plat to sign a "release" to the right.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: What the County told you is correct, currently, even though there is no road on your lot, every owner in the subdivision has an interest in that .2 acres. You will need to have someone draw up a deed from all other owners and get them to sign to remove that right of way.

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