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Old Deeds Do Not Include Right-A-Way Width

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wipercheck

Guest
What is the name of your state?What is the name of your state?What is the name of your state? North Carolina

in 1968 a right-a-way through another persons property (which is 132 acres), was given to my family (no width of right-a-way where typically stated back then and was not stated). This right-a-way gives the only access to our property and connects it to a county road. Theright-a-way was recorded in a deed at time of closing.

We now want to subdivide our acreage (30 Acres), but need a 45 foot raod right-a-way easement according to county in order to meet county regulations to subdivide into more than 3 parcels (we want to subdivide into 30 parcels). This individual that has the right-a-way easement across their property is stating they do not have to give a 45 feet easement and will not, and nows by doing so this will prevent our ability to subdivide, because we can not meet county standard. Do they have the right to not give us 45 feet in order to prevent our highest and best use.
 


nextwife

Senior Member
You need to obtain a copy of the recorded ROW/easement and see what it actually says. Look at your title policy/abstract - it should reference the document number and maybe even contain a copy. The attorney you are working with on subdivision should be able to review the language and advise you.
 
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HomeGuru

Senior Member
wipercheck said:
What is the name of your state?What is the name of your state?What is the name of your state? North Carolina

in 1968 a right-a-way through another persons property (which is 132 acres), was given to my family (no width of right-a-way where typically stated back then and was not stated). This right-a-way gives the only access to our property and connects it to a county road. Theright-a-way was recorded in a deed at time of closing.

We now want to subdivide our acreage (30 Acres), but need a 45 foot raod right-a-way easement according to county in order to meet county regulations to subdivide into more than 3 parcels (we want to subdivide into 30 parcels). This individual that has the right-a-way easement across their property is stating they do not have to give a 45 feet easement and will not, and nows by doing so this will prevent our ability to subdivide, because we can not meet county standard. Do they have the right to not give us 45 feet in order to prevent our highest and best use.
**A: the land is their property so they have every right to refuse your request. You need to be offering them some $$$$$$. And you are seeking a right of way, not a right-a-way.
 

nextwife

Senior Member
You are only entitled to use any ROW that exists and only as per the ROW agreement. You are not entitled to anything over and above that.
 
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wipercheck

Guest
Thanks for correction

HomeGuru said:
**A: the land is their property so they have every right to refuse your request. You need to be offering them some $$$$$$. And you are seeking a right of way, not a right-a-way.
Thank you for correcting the phrase, and you candidness. I certainly now have a good idea as to just what we received. Have a great day.
 

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