Easement In North Carolina

**Spazz513** · 09-04-2008, 05:54 PM

We are in a neighbor dispute over an easement. We own property in a small town in NC. We own the property, but the people that live behind us have a right a way on the easement forever according to the register of deed. The easement is about 3 feet from our house.

The neighbors and their guests have abused their privileges. We advised the neighbor that if they did not slow down when driving through the easement we would have to install speed bumps. We just didn't want anyone to get hurt with the way they were driving at such high speed. Which we ended up doing was install the speed bumps. The neighbor didn't like it, so they would get on the easement and spin their tires digging it up. One guy even came on the property and pushed my son and he walked free, because he was friends with the magistrate.

Well this madness turned real ugly. They used the magistrates and the law against us. This is now in civil court. The neighbor wants us to pay her $7500, to buy the right a way from her, or sell her our house at a way low price. We don't feel we have to pay that much. We tried to negotiate, but she will not willing to be reasonable.

My real question is this, I am willing to take this matter to court because we have videos of them doing wrong and we feel we have a good case. But wanted to know if a judge would close the easement. Our attorney advises us that a judge will not close an easement. I don't know why he wouldn't because it would solve alot of aggravation. We are at a lost, because no one wants to help us and it's really sad their no joke "getting away with murder".

jk · 09-04-2008, 07:14 PM

a judge will not remove an easement because he does not have the legal rights to arbitrarily force anybody to relinquish any property or property rights.

as to the price; the neighbors cannot be compelled (generally) to sell the easement rights at all so they can set whatever price they wish to.

Since you have an attorney, the best answers would be from him. What I would do is research who is responsible for maintainance of the easement. In most states, the costs are apportioned according to the percentage used by any holder of rights. If this is the case in your state and you do not use the easement, the nerighbors would then be liable for all maintainance costs. The neighbors spinning their tires and damaging the easement simply results in the neighbors spending their money to fix the thing.

Maintainance may be spelled out in your deeds.

**Spazz513** · 09-05-2008, 04:56 PM

Quoting jk

a judge will not remove an easement because he does not have the legal rights to arbitrarily force anybody to relinquish any property or property rights.

as to the price; the neighbors cannot be compelled (generally) to sell the easement rights at all so they can set whatever price they wish to.

Since you have an attorney, the best answers would be from him. What I would do is research who is responsible for maintainance of the easement. In most states, the costs are apportioned according to the percentage used by any holder of rights. If this is the case in your state and you do not use the easement, the neighbors would then be liable for all maintainance costs. The neighbors spinning their tires and damaging the easement simply results in the neighbors spending their money to fix the thing.

Maintainance may be spelled out in your deeds.

Thanks for your reply. But the answer is No..there is nothing in the deed that mentions maintainance of the easement. Since we use and maintain the easement, what is the repercussions for them damaging the speed bumps?

jk · 09-05-2008, 07:04 PM

if they cause damage, they are liable for the repair costs

**Spazz513** · 09-07-2008, 10:04 AM

Our attorney is advising us to pay the neighbor some monies to end the case before our court date. If we pay her some monies, for us it's a hard pill to swallow because of all the aggravation she has caused. His reasoning is because the bright side would be we get more of our land back and would be easier to sell. If we go to court we may win, but doesn't solve the issue of the easement, she will continue to use it and be constructive.

The problem just won't go away unless we pay her some monies and make this situation go away. Would you pay her or just go to court and let the judge make the final decision?