My question involves an right of way in the state of: NC
There is a 20 ft right of way (X 150ft) which is deeded across our property to a home behind us. There is an existing gravel road that runs across about 10 ft of it and the other 10ft is part of our curtilage or otherwise planted grass yard. I planted some landscaping screen tree's along about what I could tell where the right of way was. One of them has recently started driving out of the road up over a dirt curb onto the other 10ft of our yard (when it rains) spinning the tires just to tear it up and cause damage to the tree's and causing rutt's in the yard. I placed poles down the roadway edge to prevent further damage. It was surveyed and some of my tree's are slightly across the line but several ft from even the edge of the roadway. (poles I know are over) Now I'm being threatened with suite. My argument is the right of way is for ingress / egress only, which isn't being hindered whatsoever and we are simply protecting our property which we own and pay taxes on from intentional malicious damage and devaluation. (You can see the rutts from Google Earth) I'm pretty sure I'll have to move back after court but I'm thinking I can get an injunction from the court at the same time that says they can't damage or abuse it just for the sake of doing so because they want to show me they can. Am I correct in thinking this. I just can't believe a court will allow someone to intentionally damage someone else's property just because it's a right of way. Exactly what are everyones rights here. Thank you for your time.