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Is their a right of way?

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Vickie17

Junior Member
What is the name of your state? North Carolina

Hi, I am new to this site and it seems you all give great advice. We are in desperate need of some advice... We bought land that we want to put a house on, we had the land surveyed and the right of way flagged the neighbors are saying the right of way does not exist! They removed are markers and we called the cops we had just paid $350.00 dollars to have them put their! The cop wants to see the surveying papers and says he sees that the right of way is ours but to prove to the neighbors (They are old) to go to our county mapping and zoning we go and they pull it up on the screen and say its ours! We go to the court house get copies of the deeds and so forth and take them to the lawyers office along with the surveying papers the lawyer says its ours! About two weeks pass and we go by our land and where the stakes used to be is a trespassing sign! Does he have a right to block our driveway? Our lawyer sends a certified letter telling them to remove the sign and they wont! They had their lawyer send us one saying if we go back on the right of way he will get us for trespassing!!! What is it going to take to get them to give us our right of way! We have a meeting with the lawyer Monday but we are at wits end and would like a few opinions.

Thank you all for the helpful advice you give!

Sincerly-Vickie
 


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seniorjudge

Senior Member
Q: Hi, I am new to this site and it seems you all give great advice. We are in desperate need of some advice... We bought land that we want to put a house on, we had the land surveyed and the right of way flagged the neighbors are saying the right of way does not exist!

A: What are you talking about?


Q: They removed are markers and we called the cops we had just paid $350.00 dollars to have them put their! The cop wants to see the surveying papers and says he sees that the right of way is ours but to prove to the neighbors (They are old) to go to our county mapping and zoning we go and they pull it up on the screen and say its ours! We go to the court house get copies of the deeds and so forth and take them to the lawyers office along with the surveying papers the lawyer says its ours! About two weeks pass and we go by our land and where the stakes used to be is a trespassing sign!

A: What are you talking about?


Q: Does he have a right to block our driveway?

A: No.


Q: Our lawyer sends a certified letter telling them to remove the sign and they wont! They had their lawyer send us one saying if we go back on the right of way he will get us for trespassing!!! What is it going to take to get them to give us our right of way! We have a meeting with the lawyer Monday but we are at wits end and would like a few opinions.

A: My opinion is that I hope you can explain this to your lawyer better than you explain it here.


Try again and see if anyone has any more opinions.
 
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lwpat

Senior Member
Follow your attorney's advice. He has the paperwork and the information, we don't. Sounds like all of you need to get in a room and get it straightened out before everybody spends a lot of money on attorneys.
 
justalayman

justalayman

Senior Member
Vickie17 said:
Does he have a right to block our driveway?
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No

Our lawyer sends a certified letter telling them to remove the sign and they wont! They had their lawyer send us one saying if we go back on the right of way he will get us for trespassing!!!
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Sounds like a challenge to me. If you are correct, which by your post it seems you are, keep a copy of everything handy just in case the cops do show up in regards to your "trespassing".
We have a meeting with the lawyer Monday but we are at wits end and would like a few opinions.
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Sounds like you need a meeting with their lawyer to either show him you are right or for him to show you the old folks are right. If you are right, I would think the old folks would tend to listen to the lawyer they hired. Or maybe there is something you and/or your attorney missed. (although it doesn't sound like it)

BTW: I don't think asking for the neighbors to pay to have the flags replaced in the correct place would be out of line. Actually I would prefer actual stakes, they are a bit more permanent, but anyway you should not have to incur the cost a second time.
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Vickie17

Junior Member
Hi, Thank you all for your advice. We do have a meeting Monday morning.

I am sorry I ever came upon this site because the first reply was very rude! Why do you have to be so mean to people? I saw your other post and why even post if thats what you have to say?

A sincere thank you to the ones who actually tried to help, we appreciate it very much and thank you for what you do.
 
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seniorjudge

Senior Member
Vickie17 said:
Hi, Thank you all for your advice. We do have a meeting Monday morning.

I am sorry I ever came upon this site because the first reply was very rude! Why do you have to be so mean to people? I saw your other post and why even post if thats what you have to say?

A sincere thank you to the ones who actually tried to help, we appreciate it very much and thank you for what you do.
Click to expand...
It's not rude to ask questions.

You never did explain this:

We bought land that we want to put a house on, we had the land surveyed and the right of way flagged the neighbors are saying the right of way does not exist!


Explain what you mean by that and we will try to help you; so far, you haven't gotten much help but if you will explain yourself, we can help you.
 
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