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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 an easement in the state of: North Carolina

    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, and has a map to show where it lies. There is 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). In addition, 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"(which is the location of my deed). I do not see where it states either parcel owner has the use of this easement.
    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 in fact have road-front access from a state road.
    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, based on the fact party A has road front access to his property.
    I recently spoke with Party A, he informed me that his attorney would be contacting me soon to grant him access.

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

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

  2. #2
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Driveway Easement in North Carolina

    unless you have an "exclusive" easement then the owners of the property can use the easement as well as you. If both parties own 15ft of the easement then I dont' see why party A needs permission from party B, as long as he stays on his side of the center line there should be nothing party B can do about it party A owns the property to the center line and can do whatever he wants with it as long as he does not block your passage.

    The real problem comes down to maintenance of the easement if there's more than one party using it.

    Also I don't think you can grant any other usage of the easement besides yourself, you dont' own the land only the right to use it to get to and from your property

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