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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I own property in Wake County - in a mobile home

Customer Question

I own property in Wake County - in a mobile home subdivision. An easement driveway goes through my property to allow three land locked properties access to their homes. A property to the right of mine that is not landlocked has used this easement road off on on to get to their backyard. This would happen when a relative would move in and bring heavy equipment into backyard to run a business. We would pursue shutting business down with zoning because this is not allowed in residential area. Recently we put up a small fence to stop side entrance from their property into the easement road. I have received a letter from their lawyer telling me I have 30 days on take down fence. This neighbor is not landlocked and does not need the easement road. Their abuse of it has caused erosion of property. The owner of property has circle driveway in front yard which she uses to access her front door. She never used easement. When her son or ex-husband move in- they would because they would bring in heavy equipment.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: north carolina
JA: Has any paperwork been filed?
Customer: I have formal letter received today - not registered...
JA: Anything else you want the lawyer to know before I connect you?
Customer: Unsavory neighbor - does lot of drinking - threatens my son , who is paraplegic and lives in one of the landlocked properties. My son used zoning to shut down business in backyard because of noise that it created and illegal to do residentially.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --


Is the property using the access road one of the properties that the access road was actually created for or are they simply accessing it because it is there and convenient ??