How Does Adverse Possession Really Work

[Bradskm]

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

For 16 years my driveway has been the same and for 15 years my neighbor has said nothing about it. I don't dispute that a few feet at the very end of the driveway (closest to the public road) is his property. My plat shows the exact encroachment of my driveway. However, my house sits in a curve, I only have approx. 40 feet of road frontage and all of a sudden he decides to put up a 6 foot fence. I don't think I can get my 32 foot 5th wheel camper out of my yard and driveway now! How close to the road can he put his fence in the right of way? He has essentially blocked me in. I've searched and searched on line and can't find out the real truth about this and can't find an attorney that wants to deal with it. Oh and by the way, he's VERY HOSTILE and there's no talking to him as we are way past that.

I will be glad to answer any questions if there is someone willing to help me.

[Newtons_Apple]

AP in NC is 20 years; your driveway has existed for 16, so it appears you have not met the statutory period for AP, or even prescription.

Also, please don't double post.

[Bradskm]

Double post? I'm sorry, but I don't understand. My first post was about a right of way, this post was about adverse possession. Is this considered a "double post"? If it is i'm sorry but this is the very first time I have ever been on this site.

[jk]

adverse possession requires exclusive, notorious, and continuous use for 7 years, if under color of title (that means there is some reason to believe you actually own the property in question) or 20 years without such claim.

A prescriptive easement is more likely what you would be seeking. That is a claim of being able to continue the use of a given piece of property after using it for a certain number of years. NC apparently does not have a defined statutory time required to be able to make a claim. As such, it is based in case law. From what I could find, that also requires a use for 20 years to become a valid claim. As such, I see no claim of either in your case. That means, if the neighbor says get off his land, it would be a good idea to do just that.

How close to the road can he put his fence in the right of way?

that is determined by local ordinance but often times, many areas do not allow a fence on the highway right of way. Some require a further set back than that as well. That is irrelevant though. Regardless of where his fence is, it does not give you the right to drive on his property, even if it is within the highway right of way. It is his property and if the government holding the ROW wishes to use the full right of way, as long as it falls within the rights afforded them by the law, that's fine. You can't use it though just because the government may be able to.

If you cannot come to some agreement with the neighbor and you cannot maneuver your 5th wheel in or out of your drive, I guess you will have to park it elsewhere.

[Bradskm]

Not at all the answer i was looking for, but at least now i know. Thanks for your help.

[Didymus1of12]

If there is a public right-of-way in front of your home and your neighbor has built a fence out into it, chances are he has violated local and state ordinances. You have the right to full usage of that right-of-way for transportation purposes. The easement known as a public right-of-way is so all-encompassing that even though you own in fee the land under the easement out to the middle of the right-of-way (unless the ROW was purchased in fee simple), you do not pay taxes on it because you cannot build anything, plant anything, DO anything in it without a permit from the possessor of that easement. Find out if the fence is in the ROW, find out with whom you should make contact about unpermitted improvements and send to him pictures and whatever other evidence you can compile.

[jk]

Didymus1of12;627633]If there is a public right-of-way in front of your home and your neighbor has built a fence out into it, chances are he has violated local and state ordinances. You have the right to full usage of that right-of-way for transportation purposes. The easement known as a public right-of-way is so all-encompassing that even though you own in fee the land under the easement out to the middle of the right-of-way (unless the ROW was purchased in fee simple), you do not pay taxes on it because you cannot build anything, plant anything, DO anything in it without a permit from the possessor of that easement. Find out if the fence is in the ROW, find out with whom you should make contact about unpermitted improvements and send to him pictures and whatever other evidence you can compile.

got any support for your claims?

Let me explain a situation and you tell me your description is applicable.


person owns a lot. The county has a reserved ROW across the land but has never used it (they never built the road allowed). Based on your statements, anybody can drive across that property utilizing that ROW.

Is that what you are really saying here?


If so, you are wrong. The municipality merely having a ROW on a persons land does not allow that ROW to be used by others unless it is part of a developed ROW (there is a road on it) plus the area of use is limited to the improved area.

Unless the owner of the ROW disputes the placement of the fence or it is in violation of local ordinances, nothing is going to happen with the fence. The OP has no standing to contest the fence being on the ROW unless it violates local ordinance.

and yes, you do pay taxes on the land under the ROW as long as it is included in your property description.

I will add one correction: the use of the ROW is limited by the terms of the ROW. There are times a ROW is created for foot traffic where a road is obviously not required to be in place to be able to use it but for a road ROW, unless there is other verbiage in the ROW documents, the area of use is limited to the improved area.