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  1. #1
    Join Date
    Sep 2006
    Posts
    2

    Default Encroachment on right of way easement in North Carolina

    I live in NC - a residential neighborhood in a cul-de-sac. I have owned my home for 2 years and my neighbors moved in 6 months ago. I own @.7 and I think my neighbor owns @.6 acres--we both have around 40 ft. of road frontage. My neighbors house and driveway are really close to my property line The homes were put in @ 10 years ago. The our mutual property line actually crosses the corner of their driveway at the entrance-no big deal because there is a DOT right of way/easement along all sides of the road thru out our neighborhood. I allowed my neighbors to plant 2 rhododendrons on my property lining their driveway because the first half of driveway they own only about 1 foot. Well, they have now proceeded to place mulch and rocks across four ft of my grass at their entrance--to decorate that side of their driveway entrance also--now both sides of their driveway match. I didnt say anything to them--I thought I could have it surveyed and they would see that they didnt own this. Well come to find our they had a deed plat? and knew all along that they didnt own it. So now my neighbor is saying that this area is in my right of way area in front of my property and that it is for public use and he can do this. This can not be correct. I am having a difficult time trying not to go out there and pull up what I let him plant and also where he encroached on my property. Can you answer this question---Can my neighbor legally plant on my right of way portion in front of my property? Thanks for any answers

  2. #2

    Default Re: NC--encroachment on right of way easement.

    What is the problem? Sounds like he decorated part of the right of way. Is it is any way preventing the use of your property?

  3. #3
    Join Date
    Sep 2006
    Posts
    2

    Default Re: Encroachment on right of way easement in North Carolina

    No, it doesnt block the use of my property. The problem is that I have a nice bench up there for people to sit at as they walk through the neighborhood--with pretty grass on each side of it. This is the Dot right of way that all of us have in front of our road frontage property lines. We both have about 40 feet of road frontage in the cul-de-sac--and we all maintain our areas. My problem is that he put mulch and a dead tree trunk on the portion that I maintain in front of my property. Oh, and also sprayed weedkiller--which killed the grass beside my bench. If he can come over on my side and do as he wishes-- then what could stop me from doing as I please with what he maintains in front of his property?

  4. #4
    Join Date
    May 2008
    Posts
    2

    Default Re: Encroachment on right of way easement in North Carolina

    Quote Quoting toothdoctor
    View Post
    No, it doesnt block the use of my property. The problem is that I have a nice bench up there for people to sit at as they walk through the neighborhood--with pretty grass on each side of it. This is the Dot right of way that all of us have in front of our road frontage property lines. We both have about 40 feet of road frontage in the cul-de-sac--and we all maintain our areas. My problem is that he put mulch and a dead tree trunk on the portion that I maintain in front of my property. Oh, and also sprayed weedkiller--which killed the grass beside my bench. If he can come over on my side and do as he wishes-- then what could stop me from doing as I please with what he maintains in front of his property?
    most all property has right of ways this could be phone , power, cable and dot for road repair but that does not mean that it is public right of way. your deed must say it has public right of way before anyone could croos your property. but the utility folks can cross anytime. your neighbor is being a ass or is stupid.

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