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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Farm Right of Way

    My question involves an easement in the state of:nc
    We are in the process of dividing our farm. Currently farm is used for cattle. My brothers will need to cross my land to get to their land and are asking for 30ft right of way. I do not have a problem with giving to them at the time of deeding.
    What rights do I have as to what is done on this right of way.
    As land is used for cattle, can they require me to fence out my cattle from the "row". Fencing would make it hard for cattle to get to water source next to right of way.
    If land changes from farm to residental development, who pays for road to be built and can my brothers force a gravel or paved road to be built?
    Can they request gates to be removed?

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

    Default Re: Farm Right of Way

    What rights do I have as to what is done on this right of way.
    you have all the rights you list in the grant.

    You are in a perfect situation for hiring a lawyer to assist you. There are a lot of possibilities and problems that could arise, especially given the cattle and all.

    Once the grant is incorporated into the deed, it's very expensive to argue or change it, if it is even possible. You need to get it written properly and include your concerns and contingencies for what might happen.

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