My question involves an easement in the state of: North Carolina
I have a right of way easement on my property which reads as follows on my deed.
“Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which
John Smith and wife Jill Smith have and enjoy and said 0.83 acre tract conveyed subject to the rights of John Smith and wife Jill Smith, and their heirs and assigns, to use said existing driveway”
The people referenced above sold the property many years ago and have left the area. I have no record that the new owner of the property had right of way granted to him also. Would this be necessary for the new owner to use the right of way? Now the property has been abandoned for quite some time, has gone into foreclosure and will most likely be resold so I would like to know where I stand. This is not the primary access to the property it is secondary but I could see where it would be beneficial to have.
I have a right of way easement on my property which reads as follows on my deed.
“Grantee by acceptance of this deed acknowledges the right of ingress and egress across said 0.83 acre tract which
John Smith and wife Jill Smith have and enjoy and said 0.83 acre tract conveyed subject to the rights of John Smith and wife Jill Smith, and their heirs and assigns, to use said existing driveway”
The people referenced above sold the property many years ago and have left the area. I have no record that the new owner of the property had right of way granted to him also. Would this be necessary for the new owner to use the right of way? Now the property has been abandoned for quite some time, has gone into foreclosure and will most likely be resold so I would like to know where I stand. This is not the primary access to the property it is secondary but I could see where it would be beneficial to have.
Use and Enforcement: Old Right of Way on Property
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