What steps should I take to prove there is no valid right of way on my land? – North Carolina

Short Answer

In North Carolina, you disprove a claimed right of way by (1) ruling out any express, recorded easement in your chain of title and plats, and (2) defeating non‑recorded theories like prescription, implication, or necessity. If the dispute continues, file a civil action in Superior Court for a declaratory judgment that no easement exists and seek an injunction to stop the crossings. Document the use, post clear notice, and line up a title search and survey before filing.

Understanding the Problem

In North Carolina real estate disputes, the question is: how do I prove there is no legal right of way (easement) across my land? You are the owner, you want the crossings to stop, and the other side claims access. One salient fact: you inherited the property and now hold sole title. Your goal is a clear determination that no easement burdens your land and enforceable relief to stop the trespass.

Apply the Law

North Carolina recognizes easements created by an express grant, by prescription (long, adverse use), by implication from prior use, and by necessity. An express easement generally shows up in recorded deeds or plats. A prescriptive easement requires open, notorious, continuous, and adverse use for at least twenty years; permissive use will not qualify. An implied easement requires prior common ownership and a use that was apparent, continuous, and reasonably necessary at the time the land was divided. An easement by necessity requires strict necessity for access when the parcel was severed; it ends when the necessity ends. Disputes over whether an easement exists are decided in a civil action in Superior Court, where you can also seek an injunction.

Key Requirements

• Rule out an express grant: A thorough title search and plat review show no recorded easement that covers the claimed path (or any recorded easement’s scope does not match the path).
• Defeat prescription: Show the use was not adverse (it was permissive or with consent), was interrupted, or has not continued for twenty years.
• Defeat implication from prior use: Show no common ownership at severance or that any earlier use was not apparent, continuous, and reasonably necessary when the land was divided.
• Defeat necessity: Show the neighbor is not landlocked or that reasonable alternative access exists; necessity must have existed at the time of severance.
• Confirm no statutory/public right: Verify there is no public road, recorded dedication, or court‑ordered private access that burdens your tract.
• Forum and relief: File in Superior Court for a declaratory judgment on the easement question and request temporary and permanent injunctive relief to stop the crossings.

What the Statutes Say

• North Carolina Gen. Stat. § 47-18 (Recording required to protect against purchasers) – Express easements are typically recorded to give notice and bind later purchasers for value.
• North Carolina Gen. Stat. § 1-253 (Declaratory judgments) – Lets the court declare rights and legal relations, such as whether an easement exists.

Analysis

Apply the Rule to the Facts: Because you inherited and now hold sole title, start by confirming no express easement burdens your tract and that any recorded easement does not cover this specific route. Your warnings to the crosser help show lack of permission; document those notices and any interruptions in use to defeat a prescriptive claim. If the neighbor has other access or was not landlocked when the parcels were split, that undermines necessity or implied‑use theories.

Process & Timing

1. Who files: The landowner. Where: Superior Court in the county where the land lies (through the Clerk of Superior Court’s civil filing office). What: A civil complaint for declaratory judgment that no easement exists and a motion for temporary and permanent injunctions; attach your deed, title report, survey/plat, photos, and witness statements. When: File promptly to curb use and preserve evidence; seek early injunctive relief if crossings continue.
2. After filing, serve the complaint on every person who claims a right to use the route and any owner of the purported benefited parcel. Courts often set a preliminary‑injunction hearing within weeks; expect discovery (documents, depositions, and a survey) to follow.
3. Final step: the court enters a declaratory judgment confirming no easement and a permanent injunction against further crossings. Record a certified copy of the judgment in the Register of Deeds to give public notice.

Exceptions & Pitfalls

• Unrecorded express easements can still bind non‑purchasers; because you inherited, do not assume lack of recording alone defeats an older grant—verify the full chain of title and plats.
• Permission defeats adversity; a written permission or license from a prior owner can block a prescriptive claim, but silence or neighborly acquiescence may be disputed—make clear, written revocations.
• “Tacking” can combine successive owners’ periods of use; look for breaks in use, changes in route, gates/locks, or times when access was denied.
• Join all necessary parties who claim to benefit from the alleged right of way; a judgment won’t bind nonparties.
• Do not rely on self‑help. Blocking a route used by emergency services or utilities can create separate problems; confirm no utility or public rights exist before placing barriers.

Talk to a Real Estate Attorney

If you’re dealing with a neighbor claiming a right of way across your land, 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.