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Who maintains right-of-way? Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road.
For instance, North Carolina's adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 20 years, or seven years with "color of title" (meaning he or she has reason to believe they have the right to possess the property).
For almost two hundred years, North Carolina has had "cartway" legislation that allows owners of certain landlocked parcels of land to gain access to a public road.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
3) EASEMENT BY PRESCRIPTION: A prescription is defined as the actual, open, hostile, notorious, continuous and exclusive use of another's land. If the prescriptive act (use of a road) continues for an uninterrupted 20 years in North Carolina, the landlocked owner acquires the rights to use the road.
They are: ?(1) that the use is adverse, hostile or under claim of right; (2) that the use has been open and notorious such that the true owner had notice of the claim; (3) that the use has been continuous and uninterrupted for a period of at least twenty years; and (4) that there is substantial identity of the easement ...
Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers' path. Violators may be held liable for damages to the easement holder.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?