Mecklenburg North Carolina Consent to Assignment (of Right of Way)
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FAQ
Since an easement is a request for use of your property, you have the right to deny it. However, if it's a public entity that is requesting the easement, such as the local government, they may take you to court. When the easement request is based on benefits to the community, typically a judge will grant the easement.
Public rights of way can come into existence through creation (either by legal order or by an agreement made with the landowner) or dedication by the landowner (either expressly or by presumption or by deemed dedication following 20 years' public use).
If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial. If you believe someone is accessing your land without the right to do so then there is a crossover between rights of way and trespass.
Right of way should be established from 52032 to 152032 beyond the construction limits. A typical right of way width for a 2-lane arterial or collector would be from 1002032 to 1502032. For a 4-lane section of roadway, a width of 1502032 to 2502032 would be typical.
2. Who gives right-of-way? Right-of-way is dedicated (given) by the owner, usually for the purpose of road construction. It may also be used for utilities such as water, sewer, gas, power, drainage, telephone and cable.
Land without right of way access to a public road is referred to as landlocked, and it is possible in North Carolina for a parcel to stay landlocked if a neighbor won't convey right of way. There is not always a legal remedy for this, but state law does provide relief for some landowners.
Land without right of way access to a public road is referred to as landlocked, and it is possible in North Carolina for a parcel to stay landlocked if a neighbor won't convey right of way. There is not always a legal remedy for this, but state law does provide relief for some landowners.
If your right of way is blocked in any way, this can cause inconvenience. However, to be able to take action against the person causing the inconvenience, the blockage must be a substantial interference.
