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  1. #1
    Join Date
    Jun 2012
    Posts
    4

    Default Right of Ways for Public Roads

    My question involves right of ways in the state of: North Carolina

    I am told there are 30 ft. right of ways from the center of public roads which I assume are utility right of ways? My question is, can you put anything in the right of way if you own the property? My problem is, my neighbor all of a sudden decided to put up a fence to stop me from driving over his property; my house sits in a curve and for 16 years my driveway has encroached a few feet on his property (just at the very end of the driveway closest to the public road). I only have about 40 feet of road frontage as it is and now that he has put up this fence I don't think i can get my 32 foot 5th wheel camper in and out of my driveway. There is no talking to this neighbor as he is hotile; he's had my husband arrested, yes arrested for tresspassing; my husband walked down the driveway to cross the street to see our REAL neighbor and low and behold he got arrested for it! We don't disupute where the property line is, but we've lived here longer than him and he said nothing for 15 years about these few feet. I know that a few feet seems minor, but these few feet for me might as well be a mile because of the way my house sits in a curve and because my road frontage is so small. I welcome any advice as I really can't afford to hire an attorney and have found no useful information on line.

  2. #2
    Join Date
    Aug 2010
    Location
    Maine
    Posts
    206

    Default Re: Right of Ways for Public Roads

    In general, a public road is either owned by the Town or controlled (in the form of a right of way) by the Town. Not only is it used for ingress and egress, but the Town has the right to allow utilities for the public good to be run over or under it, as well as the right to perform maintenance anywhere within the ROW.

    There are myriad widths for ROW's; I've seen many that are 30 feet wide, as well as 33', 66', 50', 100', 20', 10', etc. The width could also depend on whether the ROW is a Town or State road.

    The first step I might take would be to call your Town's public works department (or NCDOT if it is owned by the State), and ask about the width of the ROW. It's their road, they will likely know the width. While you have them on the phone, ask if they know about the new fence that was built, and could it possibly be in their ROW? If it is, they will want to know about it, and may attempt to have it removed.

    You wrote that you don't dispute the location of the line. But have you had a survey done? If you strike out with the Town or State, or they don't know where the ROW lines are, it may be time to retain a surveyor to determine those lines. Once you have the survey done, and if the fence is in someone's ROW, you can approach them with the plan and show them the issue.

    Good luck.

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