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lwpat, Attorney
Category: Legal
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Experience:  Actively practicing trial attorney
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In the State of North Carolina can property be landlocked

Customer Question

In the State of North Carolina can property be landlocked? How do you get your right-of-way,(easement)when the will stated there was one to the property to a main highway!
Submitted: 7 years ago.
Category: Legal
Expert:  lwpat replied 7 years ago.

A will cannot grant an easement over someone else's property. However it would be evidence that an easement existed. If property is landlocked you can obtain an easement by prescription or by necessity. By prescription you prove that the easement has been in continuous use for a number of years. By necessity means that there is no other way to get to the property. Here you have to trace the title back to determine how the property became landlocked. Either way you will have to go to court if the other property owner will not willingly give you an easement.


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