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  1. #1
    Join Date
    Sep 2007
    Posts
    2

    Default Reopening An Old Easement

    My wife and I have purchased some acreage in NC that has and old easement that dates back to 1947, that allows a certain property owner to "use and maintain a road 12' wide" for access to our street. The "certain property owner" is no longer living and his property is now owned by someone who wants to reopen the road. I might note that this road hasn't been used in 30 or so years and a bridge has totally collapsed. The current property owner wants to rebuild the bridge and start using the road again. His property is not land locked, and as best we can tell he just wants a back access to his property. My question is: Do easements ever become invalid through lack of use such as is the case here? Does he have legal right to construct a new bridge? Thank you. Renaldo

  2. #2

    Default Re: Reopening An Old Easement

    That depends on whether the easement ran with the land or was personal to the former property owner. Take the easement to an attorney for an opinion.

  3. #3
    Join Date
    Sep 2007
    Posts
    2

    Default Re: Reopening An Old Easement

    I have one other clarification to add to my question that has come to my attention: The original easement stated that it was for the specific purpose for allowing "to use and maintain a road for access from HWY 181 to the "old road".

    The "old road" no longer exists and has been farmed over. Since the easement was for a specific purpose that no longer exists, do you think this might be sufficient grounds to dissolve the easement, and if so, how would we go about doing that. Thanks so much. Renaldo

  4. #4

    Default Re: Reopening An Old Easement

    Speaking as someone who has country acreage with easements, I suggest you consult a local real estate attorney. By local I mean one who has an office in the county where the property is located.

    From my own experience, real estate attorneys with offices near the courthouse are a better bet than attorneys located elsewhere. Also, it's not a bad idea to have a friendly chat with the folks in the Recorders office. Throw out a name or two, and see if any of them get batted down or generate sour expressions.

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