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  1. #1
    Join Date
    Oct 2007
    Location
    NC
    Posts
    18

    Default Prescriptive Easement in North Carolina

    my property is being used to access property in another NC county, first my property was not part of the estate that created these parcels behind me, however there are only cart roads to a public road which have over grown. my property past my house to these parcels is little more than an old tractor road. there is a suit asking for a prescriptive easement from someone who wants to sell a parcel behind me- this lady that owns the land once had horses there before 1979 - but hasn't been there since. She claims her prescriptive easement claim is good because other people over the years have used my road - which is a private road and was named for E911 access in 1993 -- so I wanted to (1) know if a prescriptive easement can only occur if both parcels were created from the same estate and (2) if there was no hostile use during the time the woman used the road can it be called prescriptive, also (3) after almost 30 of not using this land can she still claim prescriptive easement across my property to get to her- isn't the easement considered abandoned. There is a parcel from the same estate that is on a state owned road - I think that they should get an easement across that parcel and leave me alone but not sure about prescriptive easements - all other easements require there is a common owner and severance does prescriptive? thanks -lynda

  2. #2
    Join Date
    Apr 2008
    Posts
    176

    Default Re: Prescriptive Easement in North Carolina

    It sounds like permissive use to me. The answer to number 1. is no. Prescriptive use requires open, hostile and continuous use. I don't see the continuous use. You need a local attorney.

  3. #3
    Join Date
    Mar 2009
    Posts
    327

    Default Re: Prescriptive Easement in North Carolina

    Has a suit been filed and were you served?

    In order to claim a prescriptive easement she would have had open and hostile continuous use of the road---and prove it. Other people using it does not give her the same right and accumulate their use as hers. An easement by necessity is another issue.

    Does the owner of the property have other access points or is yours just the most convenient?

    NC is a common law state. You need an attorney.

  4. #4
    Join Date
    Oct 2007
    Location
    NC
    Posts
    18

    Default Re: Prescriptive Easement in North Carolina

    they are claiming my road is the only access - however since they accessed the land prior to my road being built there must be other ways just over grown - and since my property is not severed from the same estate and the easement by necessity from what I read requires that the properties be from the same estate / parcel and my property was not part of that estate - so I am going to a lawyer but I would like to know what I am talking about

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