Row

[45Frank]

What is the name of your state? NC

Posted of this problem sometime ago but I thought problem went away and didn't bother.

I live on what I thought was a private road, my attorney told me when I bought there was a 40 foot RoW for the person behind me to get to their property as well as public utilities. I was told it's still yours but you have to allow this. All my neighbors thought the samething. Well my neighbor at the very bottom of the hill who is the worlds biggest trouble maker now parks on the hill in front of our homes and does everything from let her dogs out to take pictures of our house, only God knows why. (she also calls the law everytime she see's me going by her house) Well a neighbor a few days back called the law because she was going up and down the hill yelling and just screeming profanities. They where told by the law this was a Public RoW and she had a right to this and we have to allow her her way. I went to planning and zoning and they said well both the law and your attorney are right, that didn't help.
Has anyone else have the same problem with easements or RoW's ?

 

[mrdonsmith]

For those not familiar with ROW: it means right-of-way, which is a type of easement that provides for ingress and egress across another person's property. You need to be sure this easement is clearly among the affected properties and confined to the private use of the parties concerned. Unless there is a document or plat showing it to have been a road bed dedicated to public use, you are being toyed with if that's what your local officials say. Yes, all affected (servient) properties must not inhibit the use of the easement for its stated purpose. If your loony neighbor is using the easement for something else other than a right-of-way, and she's standing on it shouting obscenities and otherwise disturbing the peace, she's trespassing and perhaps being a public nuisance which the police can/should do something about. At the very least, the police should approach this woman and tell her what laws she's at risk breaking. "Free speech" as a reason why they won't interfere is bogus. You have the right to determine who can be on your property and what they can do when they're on it.

 

[45Frank]

Exact wording is 45' R/W per location on the county plat, name of road then in parenthasis is Private.
It has never been turned over to anyone the county told me that when was there. Past residents have tried to turn it over to the county but it never went thru not enough of the 7 residents would agree.
I have an appointment with realestate attorney next week.
Thanks.

 

[nextwife]

What is stated in your title insurance policy re: the ROW?

 

[seniorjudge]

Your troublesome neighbor is allowed to use the private road, correct?

 

[45Frank]

Your troublesome neighbor is allowed to use the private road, correct?

Yes from what I was told at the closing by my attorney we the residents could use the road from their house to the main road. I am the 2nd from last house of seven all on acreage except her she rents a home with about 1/2 acre(the first property). She from what I see has no reason to come back to my house there's no way out, (one of the reasons I bought this property was not to be bothered)the only reason for her to come back here would be to harass others. I have no choice but to go past her house though.
I was told basically told what mrdonsmith said.
Thanks