U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-15-2021, 03:32 PM
 
Location: Asheville, NC
20 posts, read 7,378 times
Reputation: 70

Advertisements

On a private dirt/gravel road in NC, it seems whomever built the road was pretty fast and loose in where they placed the road. The road is about 3 miles long and accessed by maybe 6 dozen land owners. On several portions of the road, it's built 50% or more in one direction or the other, ignoring the easement and just building where it was easiest - basically on the neighboring property. After so many years of being this way, is there anything the property owner loosing use of their land can do about it? Isn't there a certain amount of time that when it passes, then you just loose rights to the land? Or must the road be fixed/moved to be within the originally platted easement - 40+ years ago? Thank you...
Rate this post positively Reply With Quote Quick reply to this message

 
Old 08-15-2021, 03:46 PM
 
Location: The Triad (NC)
31,801 posts, read 72,810,270 times
Reputation: 38547
Quote:
Originally Posted by MountainUp View Post
...it seems whomever built the road was pretty fast and loose in where they placed the road.
...and just building where it was easiest
You seem genuinely surprised at this sort of approach to things.
Quote:
After so many years of being this way, is there ...
Is there anyone else lining up to build again?
By that I mean volunteering to PAY for the work involved.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 04:08 PM
 
Location: Asheville, NC
20 posts, read 7,378 times
Reputation: 70
Quote:
Originally Posted by MrRational View Post
You seem genuinely surprised at this sort of approach to things.
Is there anyone else lining up to build again?
By that I mean volunteering to PAY for the work involved.
No but the property owner right at the beginning of the road just bought their property... and it's the first one on the 3 mile road... and the road is about 15' into his property line, and outside the recorded easement.

What can they do? Can they build a fence or barrier right through the road? Thanks.

(And yes, I'm pretty surprised at how both road and home builders just kind of guestimated and put whatever seemed like the easiest at the time... now, nearly a half century later, all the new property owners are forced to iron out this craziness.)
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 04:25 PM
 
Location: Portland, Oregon
10,830 posts, read 18,596,028 times
Reputation: 7802
Time for the landowner to consult a lawyer. That road has been there so long it may be an encroachment.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 04:36 PM
 
Location: North Beach, MD on the Chesapeake
37,700 posts, read 49,338,135 times
Reputation: 49716
How do think the end owner blocking, or partially, blocking the only egress for six dozen houses, a deeded one in use for 40 years, will go over with the owners of those houses.

How long before one or more lawsuits are filed?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 07:03 PM
 
Location: Pittsburgh
6,276 posts, read 8,180,193 times
Reputation: 9238
Is this going to trigger adverse possession? I'm not a lawyer so I have no idea how it works exactly, but if people have been driving on this road for that long, it seems unlikely to me that the road will have to move.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 07:48 PM
 
4,470 posts, read 4,503,811 times
Reputation: 5802
The lawyers will milk this for years. How big are the properties? does 15-20 feet make that much difference?
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-15-2021, 09:34 PM
 
2,783 posts, read 5,178,010 times
Reputation: 7632
In a state I used to live in, there is a time limit to contest such things. After a certain number of years, it stays the way it is if no one has contested it.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-16-2021, 03:05 AM
 
Location: Asheville, NC
20 posts, read 7,378 times
Reputation: 70
Quote:
Originally Posted by MidValleyDad View Post
The lawyers will milk this for years. How big are the properties? does 15-20 feet make that much difference?
It's at the beginning of - and only entrance in and out of - maybe a few hundred acres with about 6 dozen different properties. Yes, it does make a difference if you're an a-hole, which, apparently....
Rate this post positively Reply With Quote Quick reply to this message
 
Old 08-16-2021, 11:37 AM
 
Location: Southern New Hampshire
8,797 posts, read 15,238,987 times
Reputation: 29009
Quote:
Originally Posted by MountainUp View Post
No but the property owner right at the beginning of the road just bought their property... and it's the first one on the 3 mile road... and the road is about 15' into his property line, and outside the recorded easement.

What can they do? Can they build a fence or barrier right through the road? Thanks.
Um ... they BOUGHT it like that?! It didn't occur to them to address this BEFORE the purchase went through?

Quote:
Originally Posted by MountainUp View Post
It's at the beginning of - and only entrance in and out of - maybe a few hundred acres with about 6 dozen different properties. Yes, it does make a difference if you're an a-hole, which, apparently....
Lawyer time, obviously. Are you one of the owners down the 3-mile road?
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate

All times are GMT -6.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top