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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default When Can an Easement Be Forced Onto Your Property

    My question involves an easement in the state of: North Carolina. I bought 2 connected parcels of land lot 16 and 17 consisting of 5 acres each. When I financed the property I used only lot 17 as part of the loan and kept lot 16 off of the loan. I was foreclosed on lot 17 and I am currently not letting anyone across my lot ( lot 16). There is no easement on my tittle and I made the bank and there attorneys aware of this fact 2 years ago before I was foreclosed. The property lot 17 has been sold to two different banks over the last 2 tears sight unseen. Lot 17 is also not land locked and does have road frontage. It is steep property and putting a new drive in to access it would be expensive. I just received a letter from attorney that handled foreclosure stating the owners of property are considering taking me to superior court to force easement upon me. My question is can easement be forced upon me? Also I think it was never disclosed to any of the buyers that there is no road easement and both the Bank and Attorney new this fact. I have built a tiny cabin on lot 16 for my family and I to live in and the road is under 20 feet from my door. If anyone can please give any input it would be greatly appreciated.

    Sincerely,
    Dane

  2. #2
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Easements

    My question is can easement be forced upon me?
    they can try. If they are successful would be up to a court. If the means of access is not reasonable and these two lots came from the same parcel originally, a court could see that the sale effectively landlocked the property. As such, they could require an easement be created.

    I would think much of it would depend on how difficult the access would be via the other route.

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