Parking on a Right of Way

[usernametaken]

My question involves real estate located in the State of: North Carolina.

Hi, my deed from the bank states there is a 30' right of way, ingress, egress, etc..... The surveyor drew a squiggly "s" line in an area about 45' wide and wrote "R/W area". There is already a rode in existence and it ranges from 32ft to about 18 feet wide. I also own about 6-8' of land on the other side of the road. That 6-8' is grown over with honeysuckle and poison ivy. The neighbor's up the road are requesting me to move my fence and give them the 30' right of way so in the winter snow storms there is an area to park at night and they'll walk to their houses. That's fine, I will move it, but I'm curious how the law works regarding the way the surveyor only wrote "R/W area" and it was an area 15' larger than the deeded right of way. So I want to give them the 6-8' on the other side of the road and then the additional on my side so that it equals 30'. Is this correct? Can they legally say "we don't want that side b/c it's overgrown, we want to take it from your lawn, which would be super easy to turn to a road."?

Also, is there such a thing as "right of Parking", and does a right of way automatically give the right for parking, or only for transitional parking? I just don't want to get stuck with somebody's RV that they can't take up the hill and they just park in front of our house for 1 month.

Thanks to anyone in advance for helping!!!!

[jk]

well, if you hadn't said:

there is a 30' right of way, ingress, egress, etc

we might be able to tell you. That etc. is important for the question you have asked.

the survey does not sound like a full on stake survey but something such as a mortgage survey which is not dependable for lot lines. It is to show the basic placement of structures on the lot and to indicate any encroachments.

what is the exact description of the easement both dimensionally and use?

[hjinc]

There are a few things that require clarity. First, does the deed specify "easement" or "right of way"? There is a distinctive difference between the two. An easement only grants permission for someone to access property owned by someone else. A right of way is land owned by an entity for the purpose of a road, passageway, or utilities. Are you certain the surveyor's "R/W" marking references the easement in the deed? In either case, an easement or right of way is generally an equal distance from the center of a road, offset distance from a property boundary or some kind of monument.

[jk]

right of way
1) The right to pass over or through property owned by someone else, usually based upon an easement. There may be a specific path that must be taken, or the right may be more general. The mere right to cross without a specific description is a "floating" easement. A right of way may be granted for a particular purpose -- for example, to repair power lines or to make deliveries to the back door of a business. .

easement
A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, known as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines, or sewer lines. An easement may be for an identified path or for use at any reasonable place.

both of those are from Nolo.

an easement gives the dominant tenant a right of way.

[LandSurveyor]

A right of way is land owned by an entity for the purpose of a road, passageway, or utilities.

I have never seen any such thing. If the property is owned in fee by an entity, any right of way or easement owned equally by the entity would be extinguished by the Rule of Merger.

per Clark:

A right of way is a peculiar type of easement, being limited to use for passage only.

jk's quotations and comments are spot on.

The surveyor was probably not hired to do a boundary survey for your benefit, but some kind of "mortgage inspection" for the lender's benefit. You can easily call the surveyor and find out.

Generally, an ingress egress easement or right of way does not provide any rights for parking, partying, storage, recreation, or anything other than the right to pass and repass, absent specific additional grants providing for those rights.

[usernametaken]

Hello to everyone and thanks for responding so quickly! Here's what the deed specifies: Together with and subject to the benefits and burdens of that Right of Way Area and that 30' Right of way shown on that plat...... said right of way to be used for ingress, egress, and regress and installation of utility services, including but not limited to electricity lines, water lines, natural gas lines, telephone lines, cable tv lines, computer data transfer lines, and/or other such utility line needs for which this right of way is adequately suited.

I also discovered in the maintenance agreement that it's measured 15' from center of existing road. so, That question is answered. Can it be used for long term parking, or just transitory parking?

thank you

[LandSurveyor]

I don't see provision for parking of any nature.

The utility rights apply only to installation, but not maintenance; very unusual. A court might imply that, but it's usually spelled out in the easement.

[usernametaken]

What exactly would be meant by "maintenance"? Does that mean trimming trees or other plants that are in the way, like the electricity companies will do sometimes?

[jk]

repairing the road.


If there are branches that grow to block the easement, trimming would be maintenance. Removing a tree to enlarge the road area would not be maintenance.