My question involves real estate located in the State of: North Carolina.
I have searched a lot on google and couldn't find an answer, so I am here. My brother has an easement through our property to his house. This is family land that was broken up to give both of us land. He moved first and made a scenic driveway through our land and put a fence down the side of the driveway. Our parents didn't stop him so he built it like he wanted. Fast forward 3 years and we are building on our property (road frontage) and we are being told (his driveway, his fence). The driveway he created is 80 feet off the property line and I want to relocate it over far enough to build our house. I will be giving them a private driveway instead of sharing with us and I will abide by all rules of easement. Here is my questions...
1. Am I allowed to move a driveway as long as it is just like the previous 30 ft. drive (it will be right beside the old driveway but moved over closer to property line). Our house will not fit otherwise
2. My brother has started a commercial business that has commercial vehicles traveling daily through my property and will be within 20 ft of my house if I don't move the driveway. There was no agreement for the easement to be commercial. What options (if any) do I have here. I don't want to shut him down but I would like to know in case he tries to muscle me.
Thank you
I have searched a lot on google and couldn't find an answer, so I am here. My brother has an easement through our property to his house. This is family land that was broken up to give both of us land. He moved first and made a scenic driveway through our land and put a fence down the side of the driveway. Our parents didn't stop him so he built it like he wanted. Fast forward 3 years and we are building on our property (road frontage) and we are being told (his driveway, his fence). The driveway he created is 80 feet off the property line and I want to relocate it over far enough to build our house. I will be giving them a private driveway instead of sharing with us and I will abide by all rules of easement. Here is my questions...
1. Am I allowed to move a driveway as long as it is just like the previous 30 ft. drive (it will be right beside the old driveway but moved over closer to property line). Our house will not fit otherwise
2. My brother has started a commercial business that has commercial vehicles traveling daily through my property and will be within 20 ft of my house if I don't move the driveway. There was no agreement for the easement to be commercial. What options (if any) do I have here. I don't want to shut him down but I would like to know in case he tries to muscle me.
Thank you
Easement
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