Right of Way on Newly Purchased Property

[Indiacat]

I just purchased a piece of property in Buncombe County, North Carolina. I had a survey done while the house was in escrow. The survey did not reflect any right of way. The title lawyer did not state that there were any problems. I knew that there was an easement for a shared driveway so my neighbor could access her property, no problem, the driveway seemed clear enough. As soon as I moved in my neighbor showed up and showed me a different survey and a notation from a deed written 25 years before my house was built, that showed that she had a right of way which included half of my front porch, most of my front lawn, and half of my carport. She wants me to move my car port, my mailbox, and carve into my front lawn (which is only about 10 feet between the house and the road). It seems to me that her survey, if correct, lowers the value of my property substantially, in addition to infringing on my enjoyment of my own property. I can understand her need to have her driveway clear, and as it is right now, she has more access via her driveway then pretty much anyone else on the road. What legal rights to I have here?

[LandSurveyor]

Since the title attorney and surveyor came up with a completely different result from your neighbor, I would say chances are good that the stuff she showed to you was never recorded.

For the legal status of unrecorded items in NC I would recommend that you take this up with the attorney who did the title work.

[lwpat]

Talk to your title company. I doubt there is anything she can do but the person you bought it from is obligated to defend her claim. You need to put them on notice.