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  1. #1
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    May 2010
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    Default Right of Way in North Carolina

    There is a 25 foot Right of Way on my property in North Carolina. It has a road on it that is about 10 to 15 feet wide already and is drivable. However, I just found out that my neighbors have paid someone to come through and widen the road to about 25 feet. Can they do that without asking me? I don't even know why they want to widen it to a full 25 feet, it's drivable and I don't think 10 more feet is going to allow 2 cars to pass each other on it...

  2. #2
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    Oct 2007
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    Default Re: Right of Way in North Carolina

    If the right of way is for ingress egress and the width is deeded at 25 feet, they can use any or all of the 25 feet. 25 feet is 25 feet.

    You probably don't need to know why they want to widen it, and they probably don't need to tell you.

  3. #3

    Default Re: Right of Way in North Carolina

    The Land Surveyor is right.

  4. #4
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    Default Re: Right of Way in North Carolina

    Quote Quoting LandSurveyor
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    If the right of way is for ingress egress and the width is deeded at 25 feet, they can use any or all of the 25 feet. 25 feet is 25 feet.

    You probably don't need to know why they want to widen it, and they probably don't need to tell you.
    There is 1 person that waits with his kid in the car at the bottom of the road for the bus. I assume it's so other people can pass him in the morning.

    So, do I have to maintain this widened road on my property. It already has a problem washing out because it is about 1/2 a mile to 1 mile up a steep hill that funnels the rain down it like a river. (I own the first 50 to 100 feet of the right of way).

    The neighbors that want to widen the road are only able to pay for that part of the road it sounds like and won't have the money to fix the rest of the road that is causing the problems. However, if I have to maintain it, then it's going to end up costing me more money because they widened it and didn't fix the rest of the road. (My section of the road is fine right now but everything above it is pretty messed up).

  5. #5
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    Default Re: Right of Way in North Carolina

    None of this came out in the first post, did it?

    So, do I have to maintain this widened road on my property. It already has a problem washing out because it is about 1/2 a mile to 1 mile up a steep hill that funnels the rain down it like a river. (I own the first 50 to 100 feet of the right of way).
    I'm not going to play "twenty questions" to bring out the rest of the case.

    Get a local attorney if you are disagreeing with the easement.

  6. #6
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    Default Re: Right of Way in North Carolina

    Quote Quoting LandSurveyor
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    None of this came out in the first post, did it?



    I'm not going to play "twenty questions" to bring out the rest of the case.

    Get a local attorney if you are disagreeing with the easement.
    I've never owned a right of way before, I have no clue. I was just trying to find out more information because I wasn't even asked if I thought it should be widened, since I also use it as a driveway. Actually about 10 to 15 other people use the right of way as a driveway and only 1 of them is wanting the right of way widened.

    Since I don't know if I am required to maintain it, I thought I would ask. It seems crazy to me that 1 person can get a right of way widened without the consent of everyone that uses it. Which also causes more of a maintenance burden on the person that owns the small section they want to widen (They're not widening the entire road that I know of)

    I was aggravated that I wasn't even told that they were going to widen the road. A contractor just came up to me and told the contractor building my house that they had to move a pile of dirt (which is not on the road at all and was going to be used for fill for the new construction) off of the 10 foot easement.

    How would you feel if someone suddenly told you that they are taking 10 x 100 feet of your property in 3 weeks to widen the right of way you didn't know about. I'm sure you would be feeling pretty frustrated too.

    And image how much more crappy you would feel when you go and ask a professional about something you don't know about and are treated like the lowest level of scum on the Earth. And when you asked another question to try and clarify your understanding of what is happened, that same person treats you like you were a child molester and deserving of prison.

  7. #7
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    Default Re: Right of Way in North Carolina

    And image how much more crappy you would feel when you go and ask a professional about something you don't know about and are treated like the lowest level of scum on the Earth. And when you asked another question to try and clarify your understanding of what is happened, that same person treats you like you were a child molester and deserving of prison.
    Wow, that's a new one for me. You need to get a new life, outside of the internet.

    I've been accused of a lot here before but you have taken it to new and undeserved depths.

    If you want to own land, understand it, and defend it, but are unwilling to take advice, pay for the advice as you might better respect it.

    You have paid out a serious insult to someone who has taken the time to give you good advice but just not exactly what you had hoped for.

    You got a good answer, based on your post, at the first instance.

    No one was taking ten by one hundred feet of your property, and you now know it and are taking it out on me, the messenger. For the entire easement, you are the servient tenement. You can google the meaning of that as I have no further need to explain to anyone as abusive as yourself.

    Find another shoulder to cry on.

  8. #8
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    Wink Re: Right of Way in North Carolina

    Quote Quoting LandSurveyor
    View Post
    Wow, that's a new one for me. You need to get a new life, outside of the internet.

    I've been accused of a lot here before but you have taken it to new and undeserved depths.

    If you want to own land, understand it, and defend it, but are unwilling to take advice, pay for the advice as you might better respect it.

    You have paid out a serious insult to someone who has taken the time to give you good advice but just not exactly what you had hoped for.

    You got a good answer, based on your post, at the first instance.

    No one was taking ten by one hundred feet of your property, and you now know it and are taking it out on me, the messenger. For the entire easement, you are the servient tenement. You can google the meaning of that as I have no further need to explain to anyone as abusive as yourself.

    Find another shoulder to cry on.
    I'm sorry, obviously you don't understand how incredibly insulting you sound when you give advice. For example, when I my first first question you responded

    " If the right of way is for ingress egress and the width is deeded at 25 feet, they can use any or all of the 25 feet. 25 feet is 25 feet."

    Which is a great answer and then you proceeded to add the following comment that sounds insulting and slightly aggressive.

    "You probably don't need to know why they want to widen it, and they probably don't need to tell you."

    Next time you should probably answer in the following fashion. "Unfortunately they don't need to tell you." It implies that you empathize with the person in a stressful situation instead of replying with a statement that infers they don't deserve any sympathy and that you believe they are trying to do something unethical.

    I ignore the slight and ask another question which isn't insulting toward you or even directed at you and then you reply with...

    "I'm not going to play "twenty questions" to bring out the rest of the case.

    Get a local attorney if you are disagreeing with the easement."

    Now your acting like I'm forcing you answer my questions. I didn't realize that a Public Internet forum forces you to answer my questions. Do you not have a wife or family member that can teach you some etiquette or are you a 14 year old kid that hasn't been taught the difference between being nice and being a bully?

    I'll admit the last two responses from me have been insulting but only because you really, honestly deserve it. And do you know what, you have actually made me feel better by taking my frustration out of an inconsiderate, childish, prick. Allowing me to vent my frustration on you has allowed me to realize that 10 x 100 feet doesn't matter, it's behind some trees anyway and if they are going to fix the road up for free, then all the better for me. At least I don't have to waste any of my money laying down gravel for that part of the road and will probably lead to a precedence for them paying for maintenance.

    Thank you LandSurveyor. I hope you enjoy the rise in blood pressure I got from you and I hope you enjoy the fact that you made me feel ten times better than when I found out about this. I will not be getting on this board again, I've gotten everything I need from it including a little bit of sunshine from you.

    However I also know that you are one of those type of people that just can't let it go and your curiosity will make you check out this one last post which will just piss you off further. So sad for you.

  9. #9

    Default Re: Right of Way in North Carolina

    Maybe I'm missing something here, but is this an EASEMENT or a RIGHT OF WAY. If it's an easement, then it's still your property and you only have to provide them with assess to it and they legally can't add or alter the portion of the road on your property. If it's a right of way, then it's not your property to dictate one way or another and you're not required to do any kind of improvements or maintenance.

  10. #10
    Join Date
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    Ohio
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    Default Re: Right of Way in North Carolina

    There is a 25 foot Right of Way on my property in North Carolina. It has a road on it that is about 10 to 15 feet wide already and is drivable. However, I just found out that my neighbors have paid someone to come through and widen the road to about 25 feet. Can they do that without asking me? I don't even know why they want to widen it to a full 25 feet, it's drivable and I don't think 10 more feet is going to allow 2 cars to pass each other on it...
    Obviously a chip on both shoulders, coming in with a question like that.

    "Can they do that"....

    Angry before the first answer is given.

    As you came only to talk, vent, and not to listen, tone down the language, tune up the checkbook, as you have burned your bridges (hope it felt REALLY good). Your next stop is that local attorney I recommended.

    Admit that your plan was to only give out a few of the facts from the start and then play a game only too well known here- continue to selectively add those facts initially withheld as you draw out your argument until you win.

    I think that this thread is instructive and constructive for those who come here in the future:

    1. Post all of the relevant facts of your question in the first post. No one is going to play games with you to draw out facts you don't initially want to share here, or you don't think are important, or which might be a negative in your view.

    2. Accept a correct answer even if it makes you angry, or indisposed. Don't attack someone who has taken the time to give you an answer which somehow hurts your feelings. Be an adult about it. I you ever have to go to court you will be an adult. Whining doesn't work.

    3. Understand that the responses you get are largely from people who bill by the hour and you haven't paid a cent to play games or waste time with them.

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