First and Second Rights of way listed on deeds.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 14 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 14 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.