right of way or access

[krazyhicchic]

I have rented the house I live in for 6 years, my neighbor bought the place beside me almost 2 years ago, the drive way over laps some onto his property, it had been that way since before I moved in, the neighbor has cut a ditch across the drive way down the side of his property for the water on top of the hill from another property to run so it doesnt run straight down his driveway, thus the ditch is totally across the access to the driveway when I pull in to go down my driveway, when I do this it is at an angle and my car the left front wheel goes down in the ditch and the right rear comes completley off the ground. I have spoken to my land lord and they seem to not care they are in Arizona working and I live in North Carolina. I have no clue what to do about this. I am not paying a lawyer, I dont own the property and the guy next door sure isnt going to make it easier for me. I did a slight amendment to it by placing a pipe in the ditch and putting gravel over it so the water would keep running and so I could get in and out with out going 4 wheeling in a Chrysler, and he came and took the pipe out.
Any advice?What is the name of your state (only U.S. law)? North CarolinaWhat is the name of your state (only U.S. law)?

 

[AlmostALawyer]

I have rented the house I live in for 6 years, my neighbor bought the place beside me almost 2 years ago, the drive way over laps some onto his property, it had been that way since before I moved in, the neighbor has cut a ditch across the drive way down the side of his property for the water on top of the hill from another property to run so it doesnt run straight down his driveway, thus the ditch is totally across the access to the driveway when I pull in to go down my driveway, when I do this it is at an angle and my car the left front wheel goes down in the ditch and the right rear comes completley off the ground. I have spoken to my land lord and they seem to not care they are in Arizona working and I live in North Carolina. I have no clue what to do about this. I am not paying a lawyer, I dont own the property and the guy next door sure isnt going to make it easier for me. I did a slight amendment to it by placing a pipe in the ditch and putting gravel over it so the water would keep running and so I could get in and out with out going 4 wheeling in a Chrysler, and he came and took the pipe out.
Any advice?What is the name of your state (only U.S. law)? North CarolinaWhat is the name of your state (only U.S. law)?

Do you know if an easement was recorded to use that driveway?
You can investigate this at the county recorder's office.

My initial thought is that this is probably going to be a mess that will require an attorney to straighten out. There are several issues here: whether there is an easement? If not, has an easement by prescription occurred giving you right to use the driveway?

I'd make the landlord understand that the value of the premises will be diminished without a driveway, and its in his/her long term interest to solve this problem.

Good luck

 

[154NH773]

I am not paying a lawyer, I dont own the property

That's the problem in a nutshell. Talk to your landlord.