My question involves real estate located in the State of: North Carolina
Just to give you an idea of the property here. Tract one is the property where the house is located with tract two being the property with a long private drive to the public road serving my house. Adjacent to this property is a business which has been abandoned for some time. There is a short driveway off of my driveway near the public road that goes to this business and is the right of way in question. There is also another access to the business from their land. The right of way reads as follows and is listed on both tracts I own. I listed fictitious names to protect anyone’s privacy but other than that not changed the wording listed on my deeds.
Wording on Tract One 1.78 acre house tract:
Grantor reserves the right to use an existing driveway which crosses a 0.83 acre tract previously owned by Fred and wife Sherry Williams, but which is now being contemporaneously conveyed to the Grantee herein.
Wording on Tract Two 0.83 acre driveway tract:
Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which John Doe and wife, Jane Doe have and enjoy; and said 0.83 acre tract is conveyed subject to the rights of John Doe and wife, Jane Doe, and their heirs and assigns, to use said existing driveway.
Grantor is listed as Mark and Cindy Jones. Grantee of course is myself. John and Jane Doe were previous owners of the abandoned business which has been sold to another entity. I have viewed the deed to the abandoned business and there is no mention of the right of way. In researching some info on right of way easements it appears there are two types, an easement in gross (personal to individuals) and an easement in appurtenant (tied to the land). I am no lawyer so all of that may make no difference here. My question is does the current owner of the abandoned business not mentioned by name above have legal rights to the existing driveway on my property to the business.
Just to give you an idea of the property here. Tract one is the property where the house is located with tract two being the property with a long private drive to the public road serving my house. Adjacent to this property is a business which has been abandoned for some time. There is a short driveway off of my driveway near the public road that goes to this business and is the right of way in question. There is also another access to the business from their land. The right of way reads as follows and is listed on both tracts I own. I listed fictitious names to protect anyone’s privacy but other than that not changed the wording listed on my deeds.
Wording on Tract One 1.78 acre house tract:
Grantor reserves the right to use an existing driveway which crosses a 0.83 acre tract previously owned by Fred and wife Sherry Williams, but which is now being contemporaneously conveyed to the Grantee herein.
Wording on Tract Two 0.83 acre driveway tract:
Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which John Doe and wife, Jane Doe have and enjoy; and said 0.83 acre tract is conveyed subject to the rights of John Doe and wife, Jane Doe, and their heirs and assigns, to use said existing driveway.
Grantor is listed as Mark and Cindy Jones. Grantee of course is myself. John and Jane Doe were previous owners of the abandoned business which has been sold to another entity. I have viewed the deed to the abandoned business and there is no mention of the right of way. In researching some info on right of way easements it appears there are two types, an easement in gross (personal to individuals) and an easement in appurtenant (tied to the land). I am no lawyer so all of that may make no difference here. My question is does the current owner of the abandoned business not mentioned by name above have legal rights to the existing driveway on my property to the business.
Land Rights: Right of Way
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