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  1. #1
    Join Date
    Sep 2010
    Location
    North Central NC
    Posts
    2

    Default Driveway Easement in North Carolina

    My question involves real estate located in the State of: NC

    I own five acres with a 30-foot easement to my property that is recorded on my deed. The land that the easement ran through was one parcel that was for sale when I purchased my home. Since then the land has been divided into two parcels, sold to two different parties and the property line is now in the center of the driveway for the two parcels. My deed states the easement is for ingress, regress, and egress, with no other mention of any certain rights. Both of the deeds for the two parcels define the physical property boundaries stating the centerline of the gravel road and in parenthesis (the existing 30 foot access easement to the property described in deed book 13xx page 1xx) which is the location of my deed. And also at the bottom of both deeds, it states "subject to an existing 30 foot access easement shown on said plat and as described in deed book 13xx page 1xx".
    One party (Party 'A') wants to put two homes on his property but has difficult access to the land due to terrain, but he does have road-front access.
    The party that owns the other side of the driveway (Party 'B') has been contacted by an attorney representing Party A and was asked to grant Party A permission to use the driveway to access the homes. Party B said no, because party A has road front access to his property.
    I spoke with party A and he informed me that his attorney would be contacting me soon to grant him access.

    Question 1: Where do I stand as the dominant tenement in this situation? Do I have any legal say in this matter?

    Question 2: How would this work having two servient tenements with one wanting to use the road and the other does not want to permit it?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Driveway Easement in North Carolina

    It does not appear from what you've told us that you were granted exclusive rights to the easement; that would normally mean that the owner of the servient estate could use the land for any purpose not inconsistent with your rights. The person has no ownership rights for where the easement passes over neighboring land. You may have more rights in relation to that land, as quite arguably Party B's grant of permission to Party A would burden your easement.

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