Legal Question in Civil Rights Law in North Carolina

Obstruction of access to private property

Neighboring property has encroached on the only access to my property by about 5 feet. During the late fall, winter and spring, I have to move about 200 pounds of rocks daily to either leave or access my home. I posess a written contract with the neighbor in question (The Eastern Band of The Cherokee Indians) stating that they are responsible for the encroachment and would fix the problem by installing a retaining wall, but the form was never signed by the chief. The Clerk of Courts said I needed an attorney to file a complaint, but I feel, that with the contract admitting responsibility, that all I need is the proper form to file. Thank you.


Asked on 10/21/05, 9:47 pm

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Obstruction of access to private property

we are not sure if you are asking us to confirm what the clerk told you or that you personally filing a form is all you need rather than continued attorney representation or assistance. If you are asking for an opinion here, rather than what your or your neighbor's legal rights may be here, then you should DEFINITELY listen to what the court clerk told you. meaning, that you personally filing a lawsuit complaint (form) does NOT automatically remedy the encroachment situation as a matter of "law". more than likely, your neighbor is going to "defend" this action if he has his own set of factual arguments, and the case would then proceed forward rather than be "won" on the face of your complaint form or by default. so, yes, you should probably consult with an attorney FIRST before proceeding alone thru all of this, especially when property rights are involved. contact us today if you would further assistance.

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Answered on 10/21/05, 9:59 pm


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