Importance Of Legal Property Access

Thursday, May 28, 2009:

Know the difference between state road frontage and a right-of-way (or lack thereof)?  You’d better – if you plan to buy mountain land.

In North Carolina, roads that are maintained by the state, be they gravel or paved, are assigned a number as well as a name.  For example, Fall Creek Road in Wilkes County is North Carolina State Road (NCSR) #1301.  You’ll see the green street sign at the intersection, and it will have both the name and the state road number. Come down my driveway, however, and the green street sign says simply “Fletcher Creek Lane” – but has no state road number.  That’s because my land is located on a “right-of-way”. – and is NOT state-maintained.  My driveway crosses the property of two other landowners before reaching my land at the end of the road.

I have a written right-of-way (also known as a “deeded” right-of-way) from each of the other two landowners, giving me the legal right to use the driveway which is 18’ in width.  Because the road is not state-maintained, I share the cost of road maintenance with my neighbors.

Finally, some parcels of land that do not have state road frontage, also do not have a “deeded” right-of-way.  We say these parcels are “land-locked” because they have no legal access.  Even if a driveway exists over the property of others, that does not guarantee legal access.  Beware of this type property.  You will not be able to secure title insurance, nor borrow money to build a home – much less be allowed to enter the property.

Steer clear of properties with no “deeded” access or state road frontage.  Never sign a purchase contract unless you are certain that there is a RECORDED right-of-way.  Consult an attorney before buying such a property – never take someone’s word for it that a right-of-way exists.   Enough said.

 

- Paul Christian Breden