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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If your land has used a dirt road 20 years in NC, it has a prescriptive ease

Customer Question

If your land has used a dirt road for over 20 years in NC, it has a prescriptive easement as I understand it. I have tried to sell my land and found it needed an easement from the other land owner, who wants money (didn't say how much) for it. Is it legal for him to charge when we have done the maintenance work on the road and have used it for almost 60 years?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
While you may have a prescriptive easement, getting that easement recorded will require you to actually go to court and prove that easement through what is called a "quiet title" action. This is a somewhat complex legal proceeding, and I would advise getting legal counsel.If the other property owner is willing to sell you an easement, you may wish to consider negotiating a settlement with them in lieu of a court case (you don't have to take their first offer - this certainly is a situation where you can negotiate a resolution - but it is something you would want to talk about).Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.