Jan142026
Real Estate Q&A Series

How do I figure out whether I already have a legal right-of-way or easement to use the road to reach my property? – North Carolina

Short Answer

In North Carolina, the fastest way to confirm an existing legal right-of-way (easement) is to review the recorded land records for both the property being accessed and the property the road crosses—especially deeds, plats (maps), and any recorded easement agreements. If nothing is recorded, an easement may still exist under North Carolina common law (for example, by necessity, implication, or long-term use), but that usually requires a careful fact review and may require a court action to confirm. Because access disputes often turn on old documents and how the road has been used over time, a targeted title and survey review is typically the starting point.

Understanding the Problem

In North Carolina, can a co-owner of land use an existing road to reach the property when a neighboring landowner disputes that access, and how can it be determined whether a legal right-of-way or easement already exists without immediately going to court? The decision point is whether the right to use the road is already legally established (most often in recorded documents) versus something that must be proven through facts and, if necessary, confirmed by a judge. The practical goal is to identify what legal right exists, who owns the road area, and what the right allows (where it runs, who can use it, and for what purposes).

Apply the Law

North Carolina recognizes easements (often called rights-of-way) created by written, recorded instruments, and it also recognizes certain non-written easements that can arise from the way land was divided or used over time. Recorded easements are typically confirmed through the county Register of Deeds records (deeds, plats, and recorded agreements). If the easement is not clearly recorded, the next question is whether North Carolina law would recognize an easement based on necessity or long-term use; those situations are more fact-driven and are commonly resolved through a declaratory judgment or quiet title-type lawsuit in the county where the land is located.

Key Requirements

  • Identify the source of the claimed right: Determine whether the right-of-way comes from a recorded deed/easement agreement, a recorded plat reference, a court order, or a non-written theory (like necessity or long-term use).
  • Confirm the location and scope: Determine the exact route (often by survey/plat), the width, and what uses are allowed (for example, ingress/egress, utilities, maintenance, or general “road purposes”).
  • Match the right to the correct parcels and owners: Confirm that the benefited land (the property needing access) and the burdened land (the neighbor’s land the road crosses) are correctly described and that the right “runs with the land” rather than being personal to a prior owner.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, a co-owner needs reliable access via an existing road, but a neighboring landowner disputes that access and the co-owner is out of state. The first element is source: if the right-of-way is already in the chain of title (deed language, a recorded easement agreement, or a plat reference), that usually resolves the “do we already have it?” question without creating a new right. If the documents are silent or unclear, the next step is to evaluate whether the property’s history and the road’s long-term use support a non-written easement theory that may need to be confirmed in court.

Process & Timing

  1. Who gathers records: The property owner/co-owner (often through a North Carolina real estate attorney or title professional). Where: The Register of Deeds in the North Carolina county where the land is located. What: Deeds for both parcels, recorded easement agreements, plats/maps referenced in deeds, and any recorded road maintenance or access agreements. When: As soon as an access dispute starts, because delays can increase the risk of blocked access and evidence going stale.
  2. Confirm the road on the ground matches the paper: Compare recorded plats and deed descriptions to the existing road location. If the route or width is unclear, a licensed surveyor can locate the described easement corridor (or show that the road is outside it).
  3. Escalate only if needed: If records do not clearly establish the right, the next step is usually a formal demand letter and/or a civil action in the county where the land sits asking the court to declare the parties’ rights and, when appropriate, to stop interference with access.

Exceptions & Pitfalls

  • “There’s a road” is not the same as “there’s a legal easement”: A visible road can exist without any recorded right-of-way, and permission-based use can look like a right until a dispute arises.
  • Plats and deed references get missed: Many easements appear only because a deed incorporates a recorded plat “by reference.” If the plat is not pulled and reviewed, the easement can be overlooked.
  • Wrong corridor, wrong width: Even when an easement exists, disputes often involve whether the current traveled path matches the legal description, or whether widening/improving the road exceeds what the easement allows.
  • Non-written easements are fact-driven: Claims based on necessity, implication, or long-term use depend on details like how the property was originally divided, whether the use was permissive, and how continuous and open the use has been.
  • Out-of-state ownership creates proof problems: When an owner cannot regularly observe the property, it becomes more important to preserve dated photos, communications, gate/lock changes, and witness statements to show interference and historic use.

For more context on access disputes involving long-term use, see prove a legal right to use an access path used for decades. For situations where there may be no written easement at all, see go to court to establish a right-of-way without a written easement.

Conclusion

In North Carolina, figuring out whether a legal right-of-way already exists usually starts with the county Register of Deeds: review both properties’ deeds, any recorded easement agreements, and any plats incorporated by reference to confirm the route and scope of access. If the records do not clearly show an easement, the next step is a focused review of the property’s history and the road’s use to evaluate whether a non-written easement theory may apply and whether a court order is needed to confirm it. The next step is to obtain and review the recorded deeds and plats from the Register of Deeds promptly.

Talk to a Real Estate Attorney

If you’re dealing with a neighbor dispute about using an existing road to access property in North Carolina, our firm has experienced attorneys who can help review the recorded documents, explain what they mean, and outline options for resolving the dispute. 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: Real Estate 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.