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  1. #1
    Join Date
    Jul 2008
    Posts
    25

    Default Rights to the Use of an Old Right of Way

    My question involves an easement in the state of: North Carolina
    I have a right of way easement on my property which reads as follows on my deed.
    “Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which
    John Smith and wife Jill Smith have and enjoy and said 0.83 acre tract conveyed subject to the rights of John Smith and wife Jill Smith, and their heirs and assigns, to use said existing driveway”
    The people referenced above sold the property many years ago and have left the area. I have no record that the new owner of the property had right of way granted to him also. Would this be necessary for the new owner to use the right of way? Now the property has been abandoned for quite some time, has gone into foreclosure and will most likely be resold so I would like to know where I stand. This is not the primary access to the property it is secondary but I could see where it would be beneficial to have.

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Old Right of Way on Property

    Quote Quoting Rockhound
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    My question involves an easement in the state of: North Carolina
    I have a right of way easement on my property which reads as follows on my deed.
    “Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which
    John Smith and wife Jill Smith have and enjoy and said 0.83 acre tract conveyed subject to the rights of John Smith and wife Jill Smith, and their heirs and assigns, to use said existing driveway
    The people referenced above sold the property many years ago and have left the area. I have no record that the new owner of the property had right of way granted to him also. Would this be necessary for the new owner to use the right of way? Now the property has been abandoned for quite some time, has gone into foreclosure and will most likely be resold so I would like to know where I stand. This is not the primary access to the property it is secondary but I could see where it would be beneficial to have.
    The ROW goes with the property so all the owners since the creation of the easement enjoy the same easement rights.

  3. #3
    Join Date
    Jul 2008
    Posts
    25

    Default Re: Old Right of Way on Property

    Interesting. So buy selling the property the new owners become one of the original owners assigns even without any additional documentation I am assuming correct? There is no width on the easement so without that information how do I know where I can legally put any fixed object nearby say if I wanted to plant something in the area? Is there a standard width for easement when no written description exists? Do the people have any obligation to help maintain the part of my private driveway they will use to reach the right-of-way easement to the property? Sorry the reply opened up more questions. Thanks

  4. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Old Right of Way on Property

    Quote Quoting Rockhound
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    Interesting. So buy selling the property the new owners become one of the original owners assigns even without any additional documentation I am assuming correct?
    yes

    Quote Quoting Rockhound
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    There is no width on the easement so without that information how do I know where I can legally put any fixed object nearby say if I wanted to plant something in the area? Is there a standard width for easement when no written description exists?
    Whatever the width of the original driveway was if it no longer exists. There must be (or should be) a recorded survey that depicts the driveway. Check with the Registrar's office in the County and also check the chain of titles for any other descriptions.

    Quote Quoting Rockhound
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    Do the people have any obligation to help maintain the part of my private driveway they will use to reach the right-of-way easement to the property?
    It is usually the dominant estate that will maintain the ROW unless there is something else in writing.

  5. #5
    Join Date
    Jul 2008
    Posts
    25

    Default Re: Old Right of Way on Property

    Thanks for the help. We actually went to the courthouse and got all the records for our property before we bought, small town, rural county so it was easy to do. I believe I saw it sketched on a document but no dimensions. It is close to the beginning of the driveway so no real big deal. I can deal with this stuff. Much better than my previous house I use to write about here in the homeowners association from hell. Never again will I be in a homeowners association

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