Q: Raleigh, NC landscape ownership question
We live in Raleigh, NC and are considering building a permanent Hardscape staircase that will evenly straddle the property line between our home and our next door neighbor’s. We are concerned about potential issues regarding ownership of this structure in the event that one party sells their home. Is there some kind of easement or document we can create and file that protects both parties and mitigates any potential legal issues down the road during a sale process, title search, etc. Or is this an unwarranted concern that should not cause any issues with a future home sale? Thanks
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A: If the staircase will encroach on the adjoining owner, then hire a NC attorney to draft a Joint Permanent Use Easement to be agreed upon and recorded. Without that , do not build it or you will be sued, and your title will be clouded. But are you sure it will encroach? A survey might discover otherwise, or the structure might be narrowed.
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