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  1. #1

    Default Right of Way Agreement and Placement of a Fence

    My property is in North Carolina.

    I'm having some issues with a pushy neighbor who has tried to take more of the right of way than has been granted. My deed states a 30' right of way and references an old maintenance agreement. The M.A. states that the 30 feet shall be measured 15-15, off the center of a 12' pre existing road. Now the road is about 20' wide and my side is nice and clear for 20+ feet, the other side is grown over. So they've hinted about taking the other 10' of right of way on my side, not 5' on either side as the maintenance agreement states.

    I am going to put up a fence at about 16' off the center of the current existing road. What can I do to prove that at this time when I am fulfilling my right of way agreement, that I placed my fence in the correct place. Because I could see these guys coming back later after I move my fence and the road would be 25' and then say, you owe us more b/c now when we measure from the center line, you're fence is still in the Right of way. What is the best way to handle this so that after I put up my fence I will know that is it legally in the correct location?

    Does the current survey on record at the county (from 2006) have enough information on it about the current road placement to prove that I have provided adequate right of way?

    Thank you!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Right of Way

    What is the best way to handle this so that after I put up my fence I will know that is it legally in the correct location?e.
    have a surveyor establish the center line of the easement and the edges. Then build your fence based on those lines.

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