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  1. #1
    Join Date
    Aug 2011
    Posts
    2

    Default Easements and Drives That Have Wandered from Designated Locations

    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.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,894

    Default Re: Easements and Drives That Have Wandered - North Carolina

    Who's property is the easement on ? Is it the same lot that your driveway has meandered over onto?

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Easements and Drives That Have Wandered from Designated Locations

    I own the current easement, and it has meandered onto the neighbor's property.

  4. #4
    Join Date
    Sep 2010
    Posts
    9,894

    Default Re: Easements and Drives That Have Wandered from Designated Locations

    This makes no sense. Whose property is the easement across? If it was your property, you wouldn't need an easement.

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