I own a 4.5 acre lot in a small (5 lot) subdivision in western NC. The subdivision has a 45' wide private ROW that officially ends at the 3rd lot and then extends over my land to the last lot (lot 5).
This is where I wish I could provide a visual aid. I hope you can follow me here:
On my survey there is a dashed/dotted line intersecting two pin locations at the top of the lot. PRIVATE R\W is printed with lines pointed at it, and also to the other pins that border Lot 3 and the end of the subdivision ROW.
In effect, it is almost as if it is a separate lot, and forms a loose triangle at the top of our land. The subdivision road continues through the "triangle" to lot 5. This area is much wider, at points, than the 45' road.
Before we purchased the land I spoke with the surveyor, who told me the developer had him put that in place to save several large oaks from being destroyed by the county for an emergency vehicle turn around. As it turns out, she had to have that put in place on the official subdivision road down by Lot 2.
We have been told by a site planner that the best location for our house would be a bit into this area, but well within the 20' setback as agreed to from all property lines, as well as the ROW to Lot 5. However, I do recall the developer's realtor commenting that we could not put a permanent structure in there.
I'm curious as to why this is on my survey, and if I want to build in this area, should I have another survey done? Is there another deed process involved as well? This subdivision has a HOA provision in place but the developer still calls most of the shots.
I appreciate any comments. Thanks!