Expect Property Accessibility

In years gone by, many mountain land tracts were accessible only by wagon road or logging trail. Freedom to travel over these undefined roadbeds was only as good as the temperament of the property owners. As long as all parties along the road were comfortable with the traffic in, out, and over these paths, there was no problem – and the path remained open and unobstructed.

Occasionally, though, a squabble would take place between property owners resulting in a chain or fence being placed across the road to halt traffic until a peaceable solution was reached. Then traffic resumed, and all was well until the next disagreement.

Land buyers today should expect more – much more. It is highly unwise to purchase a property which does not have either state maintained road frontage, or a deeded right-of-way.

Expect accessibility . . . or nothing at all!

In North Carolina, all state maintained roads are identified by a road sign which displays a road number, i.e. 1373 or 1791, etc. State maintained roads may or may not have a name displayed on the sign. A road sign with only a name (and no road number), i.e. “Yellow Brick Road” is most likely to be a private road.

Access to some properties is over a “deeded right-of-way”, a road which has been clearly identified, and hopefully surveyed and which passes over the land of adjoining property owners. A “deeded” right-of-way is one which has been reduced to writing and is recorded at the Register of Deeds office. The landowners over which the road passes have, in writing, given permission to use the road to other landowners. The written agreement may also stipulate how the road will be maintained, and how the costs of maintenance will be divided between the various individuals using the road.

When purchasing mountain land, insist that it be accessibile either from a state maintained road, or via a deeded right-of-way. Accept no less.