My question involves an easement in the state of: NC
I have property that is landlocked, with the exception of a 30ft easement. That 30ft easement is exactly right down the middle of a hedgerow/treerow, and thus the drive to this property has always (11years) been leveraging property just to the right of this row. This means, due to overgrowth, etc, that part of the drive falls on the easement and part of the drive falls into a neighbor's field.
It's not been an issue up to this point, but now the property is for sale and potential new buyers are concerned that the driveway isn't within the easement.
In discussing this item with folks, some have mentioned that there was some type of law covering the fact that if a drive had be used for "x" amount of time, with or without an easement, that it would be legally recognized as such. We all know how word-of-mouth law is, I was just curious if you folks had any thoughts.
I'm either stuck ripping down a nice tree-row that provides a rustic feel so that I can recreate this drive, or working out some type of "swap" of land to handle the off-easement situation.
Any input is appreciated.