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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Using an Easement for Business Purposes

    My question involves an easement in the state of: North carolina. My father bought this property over 50 years ago, and at the time formed a verbal right of way for our road. It is a state named road in which there are 7 houses here and we all use the same road, we maintain it and always have. This land is also land locked and no other way into it. Now i am starting a poultry farm on my property and the neighbor says that she will not allow trucks on the road or have a business behind her. In the 50 years of living here we have drove everything under the sun down it, and now she all of a sudden has a problem with it. She once to used to have poultry houses and has blocked us in and kept us from being able to get in. Does she have any right to discriminate against what we drive down this road and have been for this long now?

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

    Default Re: Using an Easement for Business Purposes

    first, it appears that your rights to use the road were by permission. As such, permission can be revoked. If they are, you likely have a claim to be make in court for an implied easement or an easement of necessity (depending on all of the facts of the situation).

    So, if there was no poultry farm prior or any similar type and amount of traffic, she can very likely refuse to allow such an additional burden of the easement now.

    If they continue to disallow the use, your recourse would be to sue for an easement. I would suggest speaking with an attorney that can review all of the facts of the case and render an opinion and course of action.

    Does she have any right to discriminate against what we drive down this road and have been for this long now?
    very simply put: quite possibly, yes.

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