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In North Carolina, you are not allowed to be alienated from your timber. So if it's truly landlocked and there's no road going into the property, and there's no easement, and there's no public road from it, it is truly a landlock piece of land, North Carolina says you must be able to access the property to timber it.
1) EASEMENT IMPLIED FROM PRIOR USE: In order to establish an easement implied from prior use over a driveway or road, the following legal elements must be met: (1) a conveyance (transfer of ownership); (2) of a part of the grantor's land; (3) before the conveyance there was usage on the retained parcel that, had the ...
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.?
Adverse possession allows owners to prove title through possession for a certain period of time. Obtaining title to property through adverse possession is similar to obtaining an easement by prescription. There is no exchange of document of title and no closing or deed conveyance under adverse possession.
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.
Rights-of-way are a type of easement that allows certain non-owners to travel or pass through a property. These easements may be public or private, depending on the location of the property.
Set right of way or easements a minimum distance of 5? to 10? outside the construction limits. Generally, a typical width of 60? to 100? will be adequate.
Requirements for Adverse Possession in North Carolina North Carolina requires that trespassers use the land openly and publicly in order to make a claim. This gives the actual owner the opportunity to see the trespassers use, and tell the trespasser to leave if the owner is actually using the land.