In this episode of Let’s Talk Legal, attorneys Cecil Harvell and Wes Collins discuss the growing number of land disputes arising throughout eastern North Carolina. As development increases, property owners are encountering disagreements involving boundary lines, easements, access roads, encroachments, and neighboring properties. The discussion explores how property rights are established, what happens when access is blocked, and the legal remedies available to protect real estate ownership.

Growing land disputes in eastern North Carolina

Rapid development throughout Carteret, Craven, Onslow, New Hanover, and surrounding counties has brought increased attention to property boundaries and ownership rights.

As new homes, businesses, and developments emerge, longstanding arrangements between neighboring property owners may be challenged.

Disputes can involve everything from a driveway crossing another person's land to a developer encroaching on neighboring property. Cecil and Wes explain why understanding property rights is becoming increasingly important as available land becomes more limited.

Understanding easements and property access

An easement generally provides someone with the legal right to use another person's property for a specific purpose, often for access.

These rights may be established through deeds, recorded surveys, subdivision plats, or other documents in a property's chain of title.

Wes explains the distinction between the servient estate, which is the property subject to the easement, and the dominant estate, which benefits from that easement.

Determining whether an easement exists, where it is located, and whether it continues with the land requires careful examination of the property's legal history.

Examining the chain of title

When a property dispute arises, one of the first steps is reviewing the chain of title.

These records, maintained through the county Register of Deeds, document the history of property ownership and may contain easements, boundary agreements, recorded plats, and other restrictions affecting the land.

Wes explains that property owners often believe they have certain access rights because previous owners or family members used the property in a particular way.

However, what someone believes they own or have permission to use may differ from what the recorded documents actually establish.

Prescriptive easements and longstanding property use

What happens when someone has used a road or driveway across neighboring property for decades, but no recorded easement exists?

Wes discusses prescriptive easements, which may establish legal access rights through qualifying use of another person's property over an extended period.

In North Carolina, the discussion generally centers on a 20-year period of qualifying use.

Historical aerial photography, Google Earth, county GIS records, and other evidence can help establish how long a road or access route has existed.

However, longstanding use alone does not automatically establish an easement. Factors such as whether the use was open, continuous, adverse, or permitted by the owner can significantly affect the outcome.

When a neighbor blocks access

One of the most urgent situations occurs when a property owner suddenly loses access to land they have used for years.

Disputes may involve locked gates, fences, vehicles, fallen trees, or other obstructions intentionally placed across an established access route.

Wes explains that litigation involving property rights can take considerable time, but property owners may need immediate relief to continue accessing their homes or land.

In these circumstances, attorneys may seek a temporary restraining order to address the obstruction while the underlying legal dispute proceeds.

Temporary restraining orders and preliminary injunctions

A temporary restraining order, commonly called a TRO, can provide immediate court intervention when a property dispute threatens ongoing access or causes other urgent problems.

For example, a court may order that a gate remain open or that an obstruction be removed while the parties establish their respective property rights.

Wes explains that a TRO generally lasts no longer than 10 days, making it a short-term remedy.

A subsequent hearing may determine whether a preliminary injunction should remain in place while the lawsuit continues.

These procedures can help preserve the status quo while the parties conduct discovery, examine property records, and prepare their legal arguments.

Boundary disputes and property damage

Not all land disputes involve access roads or easements. Some concern disagreements over the location of property lines.

Wes describes a case involving a neighboring property owner who entered disputed land and removed approximately 85 to 90 large trees.

The dispute required court involvement and the appointment of a surveyor to establish the boundary.

The attorneys also discuss the potential financial consequences of unlawfully removing timber from another person's property, including statutory provisions that may allow recovery of multiple times the value of the trees.

These situations illustrate how quickly a disagreement over a property boundary can result in substantial damage and litigation.

Legal actions to protect property rights

Depending on the circumstances, property disputes may involve several different legal claims.

These can include actions to quiet title, claims involving adverse possession, prescriptive easements, or disputes over express easements established in recorded documents.

Wes explains that attorneys often evaluate multiple legal theories because additional facts may emerge during litigation.

The appropriate approach depends on the property's ownership history, recorded documents, actual use, and the evidence available to support the claimed rights.

The importance of due diligence before purchasing property

Cecil emphasizes the importance of understanding exactly what is being purchased before completing a real estate transaction.

Under the concept of caveat emptor, or buyer beware, purchasers should carefully investigate the property, its boundaries, access rights, recorded restrictions, and surrounding conditions.

This may include reviewing surveys, examining easements, walking the property, speaking with neighbors, and understanding any applicable homeowners association requirements.

Problems discovered after closing can be substantially more difficult and expensive to resolve.

How title insurance can help

Title insurance provides another important layer of protection for real estate purchasers.

Wes explains that title insurance generally involves a one-time premium and may protect owners against certain defects or disputes involving the property's title.

Depending on the policy and the nature of the claim, coverage may include legal defense expenses or other costs associated with resolving a covered title issue.

However, not every property dispute is covered. Known encroachments, access issues, or other conditions may be excluded from coverage.

Understanding the policy and its exceptions is an important part of protecting a real estate investment.

Protecting property for future generations

Cecil also discusses the personal and emotional significance of land ownership.

For many families, real estate represents more than financial value. Homes, family land, and inherited properties carry history, memories, and connections between generations.

Unresolved boundary disputes, access issues, or ownership questions can become problems for children and other heirs when property is eventually transferred.

Addressing those concerns early can help protect both the property's value and the family's long-term interests.

Bottom line

Land disputes can arise from unclear boundaries, disputed easements, blocked access, unauthorized development, or longstanding property arrangements that were never properly documented.

Understanding the chain of title, obtaining reliable surveys, investigating property rights, and recognizing when immediate legal action may be necessary are important steps in protecting real estate ownership.

As Cecil Harvell and Wes Collins emphasize, careful planning and timely legal guidance can help property owners avoid unnecessary expense, protect their rights, and resolve disputes before they become more complicated.