The land in question is in North Carolina.
I am about to have a portion of land deeded to me from my mother. To depict the land situation imagine a hill with a road down the middle. The lower part of the hill belongs to my uncle. After his portion, is my aunts parcel. After hers is mine. When the land was original split from my grandmother to her heirs. The deed my uncle received states a non-exclusive right of way for the use of other members of the family estate. When you read my aunts deed it doesn’t state anything about a right of way for the use by other owners of the estate. Hence, making my portion land locked.
My aunt is pretty adamant about not giving a ROW. We have a lawyer working on the matter, and a title search. NC is a state for which you can land lock and individual, “in my opinion its crap.” My question is on my mothers deed there is a statement, “To have and to hold the foresaid lot or parcel of land and all privileges and appurtenance thereto belonging to the grantee in fee simple.” The word appurtenance from my understanding is something that is outside the property but is considered part of the property and adds to its greater enjoyment,” like the road or utilities.” Does this statement grant me the right to use the road or is this just a standard blurb? I want to sell my portion, and to receive a fair market value I need a right of way. Thanks in advance for any advice.
Oh, also has anyone ever heard of receiving a right of way from the establishment of a perc test? A friend stated he thinks if you have a perc test done, seeing the state had to use the road to access the land it automatically establishes a right of way.