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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 34255
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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We have 12 ar farm in Wayne County NC. And it is a quarter

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We have 12 ar farm in Wayne County NC. And it is a quarter of a mile back off the road. There is a road that leads to the farm and has been there for hundreds of years. 15 years aga a mon bought land next to our property and has harasses us about access to the farm while passing through what is now his land. We have had the local Sheriffs Deputy's come out because we called them about his harassments. What do we do legally?
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is there any recorded easement for the access road or has it always just been "understood" that you have access through that road?
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Is the parcel landlocked otherwise?
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Is the current route the shortest route to a public road?
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Thanks
Barrister
Customer: replied 3 years ago.
The only permission given is that of the Mithchell family, that own part of the property next to the main highway.
Customer: replied 3 years ago.
This is the only route in and out of the farm. Another route can be made by connecting to another road, but that would cost hundreds.
Ok, have you been continuously using the access road over 20 years? This can include your actual ownership and any prior owners before you.
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Thanks
Barrister
Customer: replied 3 years ago.
Yes. My great grandparents lived in the same place for over 100 years and I was raised on the farm starting in 1960 and my father remained there after I left for the military until he died in 2007.
Thank you for the additional information. In NC, if someone has continuously used another person's property for over 20 years, then they can legally claim the land through the doctrine of "adverse possession".
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This is done by filing a lawsuit against the legal owner called a "quiet title" action. Once the petitioner proves that they have used the land (or them and the previous owners) then the court will enter an order that the petitioner actually owns the disputed land. The petitioner would need to get an updated survey performed showing the disputed portion shaded and then file the suit. Once the judge enters the order, the petitioner is then actually considered the legal owner of the land that they have been using.
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In a situation like this, even if the judge wouldn't give full legal ownership of the land to you, he would enter an order awarding you a perpetual easement to be able to cross over the land for access to your property. It is best to get an experienced real estate attorney to assist with filing the suit to ensure that it is correctly done and that the court doesn't have reason to side with the actual property owner.
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Thanks.

Barrister

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