My question involves an easement in the state of: NC
We have a 1967 deeded easement outlining our use and exclusion of public use. One of the inheritors of the now divided, once whole original issuing property is telling us that the easement doesn’t apply to her land. It is the only access to our property. Can you give me your opinion?
Quote from deed:
“Whereas the party of the first part is owner of land on which a road runs from ** Road up to the property of (now our property)”
** Rd. is a private road, owned by the issuer of the deed. The issuer also owned the beginning of our driveway. The inheritor is saying the ROW only applies to the end of the driveway. To leave our property you must go down our driveway, turn onto private ** Rd. until you reach the state hwy.
My question is – in reading, “from ** Rd.” does it leave the right of way dead ending in the middle of the issuers private property. Can “from ** Road” legally include ** Road?
Is there any logical legal remedy for this or did we just get suckered into buying an incomplete ROW deed with our property?
I don't know if the inheritor wants the property at a discount or what, but they are being very inflexible.