My question involves real estate located in the State of: North Carolina
My residential property has 60’ right of way that links my property to the common road in a planned community. The ROW was deeded to my father back in 1975 by the developer of the housing development going in adjacent to our property. Language in the deed reads as follows:
“It is the intention of the Grantors and they do hereby grant and convey to the Grantee a right of ingress, egress and regress over and upon the above described property, said right of way being approximately 60 feet in width…”.
This ROW would eventually be used to access and develop the rest of the property (120 plus acres). Many years later, development name changes and a very active HOA and now I am ready to begin developing the property. First step being…access - so I need a road.
Because I have done nothing with the ROW up to this point do you see any potential barriers to exercising my legal right to it? It is not an existing road, just a section of land well suited for one, when the time came. I have done the research and have the plat maps, the original deed and other documents demonstrating the legal claim. Thank you in advance for any thoughts or advice.
My residential property has 60’ right of way that links my property to the common road in a planned community. The ROW was deeded to my father back in 1975 by the developer of the housing development going in adjacent to our property. Language in the deed reads as follows:
“It is the intention of the Grantors and they do hereby grant and convey to the Grantee a right of ingress, egress and regress over and upon the above described property, said right of way being approximately 60 feet in width…”.
This ROW would eventually be used to access and develop the rest of the property (120 plus acres). Many years later, development name changes and a very active HOA and now I am ready to begin developing the property. First step being…access - so I need a road.
Because I have done nothing with the ROW up to this point do you see any potential barriers to exercising my legal right to it? It is not an existing road, just a section of land well suited for one, when the time came. I have done the research and have the plat maps, the original deed and other documents demonstrating the legal claim. Thank you in advance for any thoughts or advice.
Use and Enforcement: Right of Way Status
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