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  1. #1

    Unhappy Co-Ownership

    My question involves co-ownership of real estate in the state of:North Carolina. My dad, me , and my brother bought a tract of land from my grandfather for a $1.oo. My grandfather bought it in the mid 1950's and we have all enjoyed it for many decades. Now we wish to sell it and have found no mention of a right of way or easement on the deed. We have asked our neighbors who have recently moved in around it in the last 10 to 12 years for a written right of way. They have said no but our willing to give us a verbal one. Without a written right of way it is virtually impossible to sell. They have based their verbal consent and not written on the fact they wish to prevent any housing developers buying it. They wish it to be preserved. We already paid $2400 on a lawyer with no results. Dont know what else to do. The road used now has been there since the 1920's and is well established

  2. #2
    Join Date
    Jan 2006

    Default Re: Co-Ownership

    what did the lawyer tell you?

    If the road was used by permission, that removes any prescriptive easement claim.

    The only other possibilities I believe may be applicable would be an easement by necessity or an implied easement. For the easement by necessity to be likely, your land would have to have been split from the parcel you are seeking an easement across and that is why it is landlocked. The implied easement would have a similar requirement that when purchasing the land, the seller implied you had a ROW as indicated. If the seller also owned the land the roadway crosses, you would have an arguable implied easement.

    The big problem with either of those: you would have to go to court and ask a judge to agree with you and order the easement be memorialized in writing and recorded.

    The other possibility is asking the current owners of the road for a written easement. They are allowed to put restrictions on the easement such as: easement is intended to provide ingress and egress to (your lot) and one residence upon that lot.

    the use could be allowed or limited as the servient tenant desires.

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