Feb102026
Partition Action Q&A Series

How can we get a legal right-of-way for a landlocked parcel so it can be sold or refinanced later? – North Carolina

Short Answer

In North Carolina, the cleanest way to make access “bankable” for a landlocked parcel is usually to record a written easement (a right-of-way agreement) or obtain a court order establishing access. When a neighbor will not sign an easement, North Carolina law allows a “cartway” special proceeding in front of the Clerk of Superior Court to establish a private way to a public road in certain situations, with compensation paid to the landowner whose property is crossed. The right approach depends on whether the existing driveway use can be documented as a legal easement and whether the parcel qualifies for a cartway.

Understanding the Problem

In North Carolina, co-owners of a landlocked parcel often ask whether a legal right-of-way can be created so the property can be sold or refinanced later. The decision point is whether access can be made legally enforceable and recordable, rather than relying on a long-standing informal arrangement with a neighbor. The key trigger is that lenders and buyers typically need recorded access rights tied to a surveyed description of the benefited land and the route across the neighboring land.

Apply the Law

North Carolina recognizes several paths to establish enforceable access to a landlocked tract. The most straightforward is a negotiated, written easement that is signed and recorded in the county Register of Deeds. If agreement is not possible, North Carolina also provides a statutory “cartway” process (a special proceeding before the Clerk of Superior Court) that can establish a private way to a public road for qualifying land uses when there is no public road or other adequate access. In any option, the route and the land it benefits should be described with enough certainty—often requiring a survey—so the right-of-way can be recorded and later relied on in a title search.

Key Requirements

  • Clear, recordable description: The right-of-way must be described so it can be located on the ground (commonly by survey/plat and a written legal description), and it must identify both the land that benefits and the land that is burdened.
  • Proper authority to grant or seek access: All owners of the landlocked parcel generally must participate in granting/accepting an easement or in filing a court proceeding, and all affected neighboring owners must be properly notified or joined.
  • A legally recognized basis for access: This is typically (a) a signed easement agreement, or (b) a court-established access right such as a cartway when statutory conditions are met and compensation is paid.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parcel has been accessed for decades using a neighbor’s driveway, but there is no clear recorded right-of-way, and the larger tract has not been surveyed. That combination often creates a “title problem” for a future sale or refinance because informal permission and vague routes do not reliably show up in the public record. A practical first step is usually to confirm the boundaries and the most defensible route by survey, then pursue either a recorded easement agreement with the neighbor or, if agreement is not possible and the statutory conditions fit, a cartway special proceeding to create a recordable access right.

Process & Timing

  1. Who files: Typically all co-owners of the landlocked parcel (or an authorized representative) coordinate the access solution. Where: For a cartway, the petition is filed with the Clerk of Superior Court in the county where the affected property is located. What: A petition describing the landlocked tract, the lack of adequate access, the proposed route, and the owners whose land would be crossed; supporting survey/plat is commonly used to avoid route disputes. When: Before listing the property for sale or applying for refinancing, because underwriting and closing often require recorded access.
  2. Neighbor-easement path (often fastest if cooperative): Negotiate a written easement with a surveyed description, obtain signatures from all necessary owners, and record it with the Register of Deeds. If there are multiple co-owners (including an older relative), confirm everyone’s authority and capacity to sign and that the easement language matches the intended use (driveway, utilities, maintenance rights, and who pays for upkeep).
  3. Cartway path (when no agreement): After filing, the court can appoint a jury of view to lay off a cartway (generally 18–30 feet wide) and assess damages to the land crossed; exceptions can be heard by the clerk, and an appeal can go to Superior Court for a jury trial de novo. The petitioner must pay assessed damages and costs into the clerk’s office before acquiring rights under the proceeding.

Exceptions & Pitfalls

  • “Decades of use” is not always enough: Long use of a driveway may have started as permission, and permission-based use can be hard to convert into a recorded, enforceable right without an agreement or a court order.
  • Unclear ownership blocks solutions: If the landlocked tract is co-owned and the larger tract has not been surveyed, uncertainty about boundaries and who must sign can delay or derail an easement. Clearing title and getting a survey often prevents last-minute closing problems.
  • Route and scope problems: An access right that is not precisely located (or that fails to address maintenance, gates, utilities, and who can use it) can create disputes later and may not satisfy a lender’s requirements.
  • Cartway is not automatic: The petitioner must show the statutory conditions (including lack of a public road or other adequate access) and must pay compensation/damages assessed for the burden on the neighboring land.

Conclusion

To make a landlocked North Carolina parcel sellable or refinance-ready, access usually must be turned into a recorded, enforceable right-of-way. The most direct solution is a written easement with a survey-based description recorded in the county land records. If a neighbor will not agree and the parcel qualifies, a cartway special proceeding before the Clerk of Superior Court can establish a private way to a public road, but the right generally does not take effect until assessed damages and costs are paid into the clerk’s office.

Talk to a Partition Action Attorney

If a family-owned tract is landlocked and needs a recorded right-of-way to support a future sale or refinance, our firm has experienced attorneys who can help evaluate easement options, coordinate surveys and title work, and, when appropriate, pursue a cartway special proceeding. 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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.