What kind of proof do I need to show long-term use of a road to support an easement claim? – North Carolina

Short Answer

In North Carolina, “long-term use” of a road usually matters most when the claim is a prescriptive easement (an easement created by use over time). The proof typically focuses on showing the road was used for at least 20 years in a way that was open, continuous, and without the neighbor’s permission. Helpful proof often includes witness statements, old photos or maps, maintenance records, and any documents showing the road’s location and how it was used.

Understanding the Problem

In a North Carolina access dispute, the key question is often: what proof shows that long-term use of an existing road is enough to support an easement claim against a neighboring landowner. The issue usually comes up when a co-owner of a larger tract relies on a road that crosses (or appears to cross) a neighbor’s land, and the neighbor challenges that access. The decision point is whether the history of use can be documented clearly enough to establish a legal right-of-way, which may require a court case in the county where the land is located.

Apply the Law

North Carolina recognizes several ways an easement can exist (such as a written easement in a deed). When the question is specifically about proving long-term use of a road, the most common legal theory is a prescriptive easement. A prescriptive easement is not based on a written document; it is based on proof that the use met specific requirements for a long enough time. In practice, the forum for resolving a disputed easement claim is typically the North Carolina Superior Court in the county where the property sits, because the case affects title and rights in land.

Key Requirements

Open and notorious use: The road use must be visible and apparent, not hidden. The idea is that the neighboring landowner had a fair chance to notice and object.
Continuous and uninterrupted for the required period: The use must be consistent with the type of road and property involved, without a break that resets the clock. For most prescriptive easement claims, the time period is commonly treated as 20 years.
Adverse/hostile (not by permission): The use must be under a claim of right rather than based on the neighbor’s consent. If the use started and continued as “allowed” use, that can defeat a prescriptive easement claim unless the nature of the use clearly changed and the owner was put on notice.

What the Statutes Say

N.C. Gen. Stat. § 1-40 (Twenty years adverse possession) – Sets a 20-year limitations period tied to adverse possession concepts that North Carolina courts commonly use as the time benchmark when evaluating long-term adverse use claims involving land rights.

Analysis

Apply the Rule to the Facts: The dispute described involves an existing road used for access, with a neighboring landowner challenging that access. To support an easement claim based on long-term use, the most important proof will show (1) the road was used openly (people, vehicles, deliveries, or maintenance activity that could be observed), (2) the use stayed consistent over many years without a major gap, and (3) the use was not merely a favor or permission that the neighbor could revoke. Because the co-owner is out of state, collecting third-party proof (neighbors, contractors, prior owners, and records) often becomes the backbone of the case.

What “proof” looks like in a road-use easement case

Witness testimony (often the most important): Statements from long-time neighbors, prior owners, tenants, hunters, farm managers, or contractors who can describe how the road was used, how often, and for how many years. The strongest testimony is specific (years, seasons, frequency, what vehicles used it, and whether anyone ever asked permission).
Proof of the road’s location and consistency over time: Surveys, plats, recorded maps, GIS/parcel maps, old deeds referencing a “road,” and aerial imagery showing the road in the same place over many years. A survey can help tie “the road everyone is talking about” to a precise strip of land.
Photos and dated imagery: Old family photos, hunting-camp photos, timber or farm photos, and aerial photographs (including older online imagery) that show the road’s existence and use.
Maintenance and improvement evidence: Receipts or records for gravel, grading, culverts, gate repairs, or brush clearing. Evidence that the claimant side maintained the road can support the argument that the use was under a claim of right (not just occasional permissive use).
Access-related records: Utility work orders, delivery records, timber harvest records, farm lease documents, or contractor invoices that show the road was the regular access route to reach the property.
Communications about the dispute: Letters, emails, or texts where the neighbor objects (or where the claimant side asserts a right to use the road). These can help establish when the dispute became clear and whether the neighbor treated the use as “permission” versus a claimed right.

Process & Timing

Who files: The property owner(s) claiming the easement. Where: North Carolina Superior Court in the county where the land is located. What: A civil complaint asking the court to declare and define the easement (often paired with requests for an injunction if access is being blocked). When: Timing depends on the facts, but evidence is usually built around showing at least 20 years of qualifying use.
Evidence-gathering: The parties exchange documents and take witness testimony under oath. In road cases, this often includes surveys, aerials, and testimony from multiple generations of users or neighbors.
Decision and recording: If the court recognizes an easement, the order typically describes the easement’s location and scope (for example, width and permitted uses). The order may then be recorded with the county Register of Deeds so the right-of-way is reflected in the public record.

Exceptions & Pitfalls

Permission can defeat the claim: If the neighbor (or a prior owner) allowed the road use as a courtesy, that often undercuts “adverse” use. A common pitfall is relying on friendly history without proof that the use was claimed as a right.
Vague road descriptions: “We always used the road” is usually not enough. The claim often rises or falls on whether the road can be identified precisely (location, endpoints, and practical width) through a survey and consistent historical proof.
Interruptions and changing routes: If the route moved over time, gates blocked access for long periods, or the property was unused for extended stretches, the “continuous” element becomes harder to prove.
Scope mismatch: Even if long-term use is proven, the easement (if recognized) is usually limited to the type of use shown by the evidence (for example, occasional access versus heavy commercial traffic). Overstating the historic use can create credibility problems.
Out-of-state ownership issues: Being out of state can make it harder to gather witnesses and preserve evidence. A practical pitfall is waiting until key witnesses move away or pass on, or until older photos and records are lost.

Conclusion

In North Carolina, long-term road use most often supports an easement claim when it proves a prescriptive easement: open and obvious use, continuous use consistent with the property, and use that was not based on permission—typically for about 20 years. The most persuasive proof usually combines witness testimony, dated imagery, surveys/maps showing the road’s location, and records of maintenance or regular access. The next step is to gather and organize evidence of the road’s use history and file a civil action in Superior Court in the county where the land is located if the neighbor will not resolve the dispute.

Talk to a Real Estate Attorney

If you’re dealing with a road access dispute and need to document long-term use to support an easement claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.