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  1. #1
    Join Date
    Jul 2012
    Posts
    9

    Unhappy North Carolina ATV Trespassing

    My question involves real estate located in the State of: NC
    I have built a home in the middle of a 105 acre farm that belongs to my father. There is a 15' easement that comes
    In off of a state road. I have about 5 other homes that live past me. I suppose all could be considered dominant tenants. I am really only having trouble with one family in particular. They cut paths in in the woods (honeycombed) and got the sheriff to somewhat put an end to that. Now they feel the need to ride up and down the road by where the a**hole lives and screw with him (me). No one else seems to have a problem with this because the don't own the land the road is on. The deed says the easement is for ingress and egress and is non-exclusive. The only place to egress to is a nc state road. ATV's are not licensed in nc for public road use. I would like them to stop using their easement and my fathers land for something other than its intended purpose. Any help would be appreciated.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,954

    Default Re: North Carolina Atv Trespassing

    If the easement grant is solely for ingress-egress, recreational use not exclusively related to coming and going from the public highway could probably be seen as an abuse of the easement.

    The sheriff, however, is not going to enforce that for you. You probably have two choices:

    1. Pay no attention to the ATV's and maybe they will get tired of bothering you. Any indication by you that you are actually feeling bothered will probably just encourage further abuse.

    2. Ask a court (not small claims) for an injunction restricting the offenders to just their easement rights. You will probably need witnesses, video, and a lawyer to make this work. Your lawyer may have additional better advice. If recreational ATV use is found to be not permitted by the easement grant, the abuse could be seen as a trespass.

    Good Luck!

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