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Neighbors Object to Use of Right of Way

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  • 04-20-2011, 05:59 PM
    nancyreed
    Neighbors Object to Use of Right of Way
    My question involves an easement in the state of:north carolina, i own a property which my home is on,it a quiet wooded very small neighborhood only 6 homes,i have lived here 8 yrs,i also own 2 acres of undeveloped woodland behind my home,i only have 1 neighbor they are to the right of my property i also have a 60 x 400 ft right of way between the neighbors house& mine to get to my 2 acres to walk my dogs,the right of way is on my ground,and some on the neighbors, the neighbor is very old,85 and he and his 5 children all in their 50's & 60's,..they are scarey,and mean, they don't work and live off the elderly man,they have been in jail,mental facilities,drug rehab,i'm afraide of them,they fight with each other and shoot guns,i want to put up a pretty white vinyl fence on my right of way between our houses,they call me names,yell and scream,won't let us or contractors put up the ffence,the fence is ffor our privacy and to keep our dogs out of their yard .......it would benifit us both.....everytime i try to mention it they frighten me and yell...then i start to cry and go into my home,.can anyone please tell if i can put up the fence even if they don't allow me......nancy
  • 04-20-2011, 07:51 PM
    LandSurveyor
    Re: Easements
    Quote:

    the right of way is on my ground
    You can't have a right of way for yourself on ground you own. What is the recorded language of the right of way?

    Quote:

    the neighbor is very old,85 and he and his 5 children all in their 50's & 60's,..they are scarey,and mean, they don't work and live off the elderly man,they have been in jail,mental facilities,drug rehab,i'm afraide of them,they fight with each other and shoot guns,
    None of that matters; they would have to credibly threaten you. If they do that, get the police involved immediately. If you don't want to confront them yourself, seek the advice of a local attorney ASAP as how to proceed.

    Quote:

    can anyone please tell if i can put up the fence even if they don't allow me
    I'm not at all clear as to where you want to install the fence. If your right of way is on the neighbor's property, it's unlikely that you can fence them from it unless it is an exclusive easement, and even then it might be a problem. We don't know that at this point.

    It sounds to me as if the 60x400 row is your (and possibly others) row on the neighbor's property. Is that correct?
  • 04-21-2011, 05:48 AM
    nancyreed
    Re: Easements
    the right of way is only for the 2 acres of ground which i own,it is not a public right of way,but it does run over into the neighbors yard, between our homes there are six huge pine trees all in a row, the root structures on my side are all out of the ground and huge since i don't want to kill the trees, the contractor said it would nearly be impossiable to dig holes for the posts there, so a few feet to the right of the trees is ok, but it is on neighbors yard also on right of way ...it says in the right of way papers, i can build a road on the rright away if need be ..but i only want a few feet to put fence on......can't i use my own rightaway? nancy
  • 04-21-2011, 03:43 PM
    LandSurveyor
    Re: Easements
    You can't build a fence on the right of way unless the row grant specifically permits it- not likely.
  • 04-21-2011, 07:01 PM
    nancyreed
    Re: Easements
    what is a row grant?
  • 04-21-2011, 07:24 PM
    LandSurveyor
    Re: Easements
    It is the document that grants the right of way.

    What does it say?
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