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ROW and Pushy neighbor

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Otto_2000

Member
What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)?
North Carolina

My husband and I bought 55 acres approx. 8 years ago. A neighbor on the far side of our property wrote me a letter not long after we purchased the property, asking if she could buy the corner acre of our land because she built her house right up against our land and in order to leave her property on her road, she needs to travel approx. 2 miles. She has trouble maintaining her road because she has 100 acres to drive through and there is another 100 acres or so once she leaves her property line. Basically, she's in the middle of nowhere and built her house as far from the main road as is possible. She wanted to buy a piece of my property because there is a right of way behind my land and she could make a small road from her land to the row if she could travel to it via my property. My property is between her and the row. I answered her and told her the reason we bought the property was to build a horse farm and that land will be a pasture and will be fenced off in the future. I told her that I would put up a gate large enough for her to ingress and egress if ever she had an emergency and had to get out, but the property was not for sale. I told her she could use our property to access the row until we fenced it off. I never heard from her again.

Years later, we started building our home. She stopped by and talked to my husband. He told her the same thing...that she could use it till we put up the fence. We returned to NY as construction was ongoing.

Finally, moved into our home 1 1/2 years ago. We rarely go to the other side of the property, but I did go the first week we moved here. Turns out she has dumped gravel on our property to make a road for herself! Certainly, that was not acceptable to me as that land will be used for horses angravel is not good for their feet. I let it go. I now find out she has purchased another neighbors house and land that is directly on the row that she uses via my property. I don't know if she bought it because she wants the house or because she wants the land and row that goes with it, but it really doesn't matter because she cannot access it unless she cuts through our property anyway. We have been clearing the land for my horses and sometime next week they will be approaching the far end of the property where she will see the workers and know what's going on. I am anticipating trouble because she has everyone in this neighborhood rolling their eyes when her name comes up. Apparently, since she's been using the row, people have had trouble with her speeding among other things. She used another row that forks off the main one because it's in better condition and the owner of that row told her she couldn't use it anymore because he had small children and he was concerned she might hit one of them as she won't slow down.

I know this has been a long explanation for a pretty short question. Maybe I'm venting. Question: When we put the fence up, can she cause any trouble for us since she has been cutting across our property for years now? Our deed shows no row in that area or any area on our land. Can she make a claim that she's been using it for years and now that she's bought the land that connects to the row it would cause her undue hardship if she couldn't access it via our property?
 


justalayman

Senior Member
since you did the absolutely correct thing by actually giving permission for her to use your land until you rescinded the permission, you should officially rescind the permission via a certified letter. Then put up the fence.

The only problem I see, but without a real clear picture of the situation do not know; is her property landlocked? I know she has the long road access but you said something about her entering another's property to exit/enter that way.

If her property is landlocked, were you land and hers ever under common ownership? Did the sale of your lot cause her land to be landlocked?
 

Otto_2000

Member
Our property was never under common ownership, as far as I know. Maybe 100 years ago, when the land was settled, but I can't even say that for sure.

She is not landlocked. She has a 2 mile road that winds through her property and a right of way through another neighborhood. She doesn't use it because, in our neck of the woods, the roads quickly become overgrown and she has trouble maintaining it. That's why she wants to take a shortcut through my property to my right of way, which is somewhat maintained and there's no trouble traversing it. My right of way is shared with about 4 families.

I will clarify....She owns 100 acres of land on which she built a house all the way up in the northwest corner of her land. She built before we bought the adjoiing property and told my husband that the reason she built her house there was because she didn't think anyone would ever buy the adjoining property (55 acres) and she wanted to be in the middle of nowhere. So she has to traverse 100 acres to get out of her property if we fence off our property.

Is there a time limit on sending a certified letter to her? The fence we want to put up won't go up till next year, but we are clearing for it. In other words, can I anticipate a problem if I let this situation go on much longer?
 
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Mass_Shyster

Senior Member
Since the one acre she is using is in a corner, and you don't get to that side of your property very often, would you be willing to exchange that acre for one (or ten) of hers?
 

154NH773

Senior Member
I have a question about the ROW that she wishes to access. Who owns that ROW and does she have any granted right to use it?

You might want to talk to the owner(s) of the ROW she wants to use, and see if they would even grant her access before you even consider allowing her to cross over your land. You may be overburdening the access road that adjoins your property by allowing her access to it, and could be liable to the servient owners.
 
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Otto_2000

Member
That's a good idea to exchange property. 10-1 sounds like a nice number. She does have a beautiful cave on her property near my boarder, from what I've heard.

I thought that all the people who live on the row own it. I'm really not sure but, my husband wants to go to the county office and find out all these details. Either way, she bought my neighbors property (behind me) and now she has legal access to our row. My concern with that is...did she buy that property just to use our row? If so, she's in for a rude awakening when I fence off her access to it. She can't get to it unless she goes through my property. I can't believe anyone would spend significant money (Probably around $65,000) on a situation that is contingent on my cooperation. Maybe she just loved the property!
 

SUSRNH

Junior Member
ROW and pushy neighbor

Question for 154NH773. Could you direct us to your NHSC case?
Would like to read the opinion.
 

Terminus

Member
North Carolina

It would be my assumption that she purchased the other property for the ROW rights. It is actually a very common practice and one I hear suggested often. The issue is that the rights are transferred to the purchaser, but actually become a right along with the land. So while she has a right to use the right of way from her new property....that right doesn't extend to her larger piece. To achieve that end she would need to petition all the estates that the ROW crosses, obtain all their permissions, and then record a ROW document in the courthouse defining those rights with all serviant estates permission.

I do think you have handled the situation correctly. You have technically granted her a permissive easement with a time frame (construction of fence). I recommend sending her a certified letter reminding her of this fact (in case she is thinking adverse possession) and that you will be building a fence soon. Then build your fence done the road and that action will cease your permissive easement.

I do recommend the land swap deal though if she could get the neighbors to agree to her use of the ROW. A nice 5:1 or 10:1 swap is fair since she will be gaining a lot by use of the ROW.
 

Otto_2000

Member
By "adverse" possession, I assume you mean she will bring this to court? If so, won't they just tell her to use her own road? Why would she not take the $60-65,000 and improve her own road? What an idiot. Either way, I will send that letter.
 

FarmerJ

Senior Member
Otto perhaps a atty would be the best one to answer another question ( if the neighbor were to have the new parcel combined by the county into one whole parcel would any recorded easement rights also apply to the new combined property or not ?)
 

Terminus

Member
Adverse Possesion

Basically if she uses the property open and notoriously for a certain period of time (20 years in NC) her rights to us it or own the land outright could ripen. It is a very hard case to prove, but some people do get it in their head that by using a piece of property for a few years it will magical transfer ownership to them.
 

justalayman

Senior Member
Basically if she uses the property open and notoriously for a certain period of time (20 years in NC) her rights to us it or own the land outright could ripen. It is a very hard case to prove, but some people do get it in their head that by using a piece of property for a few years it will magical transfer ownership to them.
she has had permission so a PE claim is impossible.
 

Didymus1of12

Junior Member
Things To Do

First of all, send her a registered letter reiterating your current stance concerning her use of your property. Remind her that you gave her permission on a temporary basis, to cross the property, when she asked for your permission. She cannot gain adverse possession if she requested and obtained your permission to use the property. The letter will also sever her rights pertaining to gaining a prescriptive right to cross your property.

This may end up going to court, so be prepared for the worst. Nevertheless, good luck!

Didymus1of12
Land Surveyor in Texas
 

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