First and Second Rights of way listed on deeds.

Landowner has First and Secondary Rights of Way listed on the deed, both as non-exclusive.Secondary Right of Way involves road maintenance agreement as listed on deed.Is this landowner still responsible for the fees eventhough he has another right of way?Thanks, Randy Evans

Asked on July 2, 2009 under Real Estate Law, North Carolina

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a North Carolina attorney, and there can be differences between the states' laws on this subject.  More importantly, nobody could give you reliable advice about this without at the very least seeing how the deed is worded.  One place to find a lawyer in your area, who can help you try to sort this out, is our website, http://attorneypages.com

Sometimes, rights of way (called "easements" in some jurisdictions) are created by courts.  It sound like these, though, or at least the one with the road maintenance agreement, were created by bargaining and agreement between the people who owned the two parcels of land at the time.  The history and purpose of that agreement might well prove to be very important here.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a North Carolina attorney, and there can be differences between the states' laws on this subject.  More importantly, nobody could give you reliable advice about this without at the very least seeing how the deed is worded.  One place to find a lawyer in your area, who can help you try to sort this out, is our website, http://attorneypages.com

Sometimes, rights of way (called "easements" in some jurisdictions) are created by courts.  It sound like these, though, or at least the one with the road maintenance agreement, were created by bargaining and agreement between the people who owned the two parcels of land at the time.  The history and purpose of that agreement might well prove to be very important here.


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