Who has the right to a closed off right of way?

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Who has the right to a closed off right of way?

I was told once that if a county owned  “right of way” that has been curbed off on one end, that the home owners on each side of that property can claim an equal portion and have a deed drawn up for that property. Example: Right of way passage is 30 ft. wide, has been closed off, which stops the right of way. Home owners on each side claims 15 ft. to add to present properties. Does this law still apply?

Asked on September 25, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A right of way for all intents and purposes is an easement which gives the person who owns it either personally or through real property a nonpossessory right to use the real property that is subject to the burden of the easement.

In your circumstances, a person cannot take an ownership right of real property away from a governmental entity through adverse possession or a prescriptive easement claim under common law and state statute. In your circumstances most likely each of the property owners on each side of the right ow way own up to the middle of the curbed off roadway under the legal description of the deed to their respective parcels.

The law that you talk about in your question does not exist nor has it ever.


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