What are the laws pertaining to property boundaries?
Question Details: We own property at the end of a dead end road. NC DOT abandoned dead end area. We have maintained the area since 1992. An indivividual receintly purchased the dead end area and intends to build a 12' wide wooden slatted bridge which will block our ingress and egress to our property. This individual has tresspassed on our property, cut limbs from a tree and intends to limit access to our home. What legal rights do we have?
You have the right to your property, and the other individual has rights over his or her property. So...
1) They can't trespass; you have an absolulute right to keep him or her off, as long as there is not some easement giving them access. You could call the police if necessary. (This also means that if needs to trespass to build something, you can stop him.)
2) If he damaged your property (e.g. your trees), you may sue him for damages or compensation.
3) But where it gets tricky...if he builds something that is completely on his property that blocks access to yours, that is, generally speaking, his right if you don't have an easement. Similarly, if you need to cross his property to get to yours, he can block that too, if you don't have an easement. He controls his property as you control yours.
Sometimes easements are created for otherwise "landlocked" properties by necessity, so if (3) is the case, you might have recourse, but you really need a local RE attorney to advise and represent you on this...it's complex and there's alot at stake.