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  1. #1
    Join Date
    Jun 2009

    Default Survey Showing an Unusual Private Right of Way


    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!

  2. #2
    Join Date
    Jun 2009
    Houston, Texas

    Default Re: Survey/Legal Question on Private Right of Way

    sherrill ask....

    "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?"

    More than likely it is shown on your survey because it is recorded for public record someplace. Surveys typically should have the recording information for the easement or right-of-way shown on it. If it does not then I would check your title insurance policy under schedule B and look for the easement/right-of-way there (if you obtained title insurance).

    I would speak to the surveyor who did your survey, calling another surveyor more than likely is a waste of money and time.

    It is possible the easement/right-of-way is listed on your deed itself. Check your deed and see if it is listed there.

    Good luck and let us know.

  3. #3
    Join Date
    Jun 2009

    Default Re: Survey Showing an Unusual Private Right of Way

    Hi Deward,

    Thanks for your reply.

    There is nothing specific on my deed regarding this private r/w, other than the usual reference to "together with and subject to those easements and rights of ways shown on the plat..".

    Regarding the surveyor, I spoke with the actual person who did the work.

    I will check schedule B on my title insurance, thanks for that tip.

    I guess my bigger question is if this dashed/dotted line can be subject to interpretation, since it marks an area much bigger than the 45' road that is already in place on my land (and not part of the official subdivision road). If the original intent of the developer was to save some trees, then my site planner is convinced that building in this area would do so, much more than outside of it.

    I'm already going to run this past a local real estate lawyer, but again, I do appreciate your time!

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