My question involves an easement in the state of: NC
I posted in a other thread about an easement on a property we're under contract to buy. This question is still about that same property but is for different reason. On the other side of the land is a power line right-of-way. This power line splits our nearly 14 aces into say 10 and 4. We don't mind the right of way, but we have an issue with the person who lives behind the property. Although the property behind us has a private land to use as a driveway (which will be made an easement) the person that lives there has been using the power line right of way as a driveway for years. The land has been empty for decades so i'm sure he didn't feel anything was wrong with it as the property owner lived across the country. Now that we're buying it we're not ok with him using it as a driveway. I assume that we can force him to quit using it but I hate to think that just because he's been using it for so long that he could have legal rights to keep using it (even though there is a lane specifically for his driveway). Also, the land he lives on is farmed and it's clear by looking at the tracks on the right of way that the farm equipment uses this right of way too. We're going to be in touch with Duke Energy once we buy to find out if we are able to put up a fence but I was hoping that someone here may be able to give some input. Personally I think the guy is just being lazy as the right-of-way is shorter than the driveway/lane he'd have to go down so I'd think that any court would side in the favor of making him use his real driveway but i'm terrified he'll have some sort of squatters rights.
Thanks in advance!
I posted in a other thread about an easement on a property we're under contract to buy. This question is still about that same property but is for different reason. On the other side of the land is a power line right-of-way. This power line splits our nearly 14 aces into say 10 and 4. We don't mind the right of way, but we have an issue with the person who lives behind the property. Although the property behind us has a private land to use as a driveway (which will be made an easement) the person that lives there has been using the power line right of way as a driveway for years. The land has been empty for decades so i'm sure he didn't feel anything was wrong with it as the property owner lived across the country. Now that we're buying it we're not ok with him using it as a driveway. I assume that we can force him to quit using it but I hate to think that just because he's been using it for so long that he could have legal rights to keep using it (even though there is a lane specifically for his driveway). Also, the land he lives on is farmed and it's clear by looking at the tracks on the right of way that the farm equipment uses this right of way too. We're going to be in touch with Duke Energy once we buy to find out if we are able to put up a fence but I was hoping that someone here may be able to give some input. Personally I think the guy is just being lazy as the right-of-way is shorter than the driveway/lane he'd have to go down so I'd think that any court would side in the favor of making him use his real driveway but i'm terrified he'll have some sort of squatters rights.
Thanks in advance!
Use and Enforcement: Right-Of-Way Being Used As a Driveway
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