We have an old state road dividing our property from our neighbors
property. When the new road was built many years ago, the old road was turned over to both property owners with the line in the middle of the road. There is one place on road where the neighbors property crosses the road completely and takes in a very small portion of land on our side of road. The same happens for us except on a larger scale. We own about 1/5 of a mile with land on both sides of road. There has never been a right of way
registered. We have a buyer for our property and they want a signed right of way but the neighbors will not sign (they have decided that they want to buy our property). When we signed contract with buyers, we thought there was a legal right of way. They have already spent between 5 & 6 thousand dollars on property under the assumption there was a right of way. By law, do we have to obtain a right of way before we sell? This is holding up the sale and is it possible, if sale falls through, for the buyers to come back on us for the money they have already spent?
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: We have signed the contract. Other than that I would say no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: We had sign right of way in 2001 but have found out that it was not registered. I have talked to lawyer who drew up the papers but he has nothing on it. He thinks the realtor picked up paperwork from him since we went to realtor to sign. The lady who owned realty passed away a few months after the signing and the real estate was closed down. That's been many years ago.