Legal Question in Wills and Trusts in North Carolina

My Prperty

23 years ago my father died and he left his land to my two brothers and me. In his deed it states that all his heirs and assigns will have road rights and water rights. Me ad my brothers split it up equally. The lawyer that made out our deeds failed to put in it that we all have road rights and water rights. The lawyer is dead today or I would sue him. Well my two brothers sold their half and I still have mine. But the reservior is on the part that my brothers sold and the people that bought it are trying to say that I dont have any rights to the road or water. My question is do I still have my rights to the road and water since my dads origanal deed says "all his heirs and assigns would have road rights and water rights?" This land has been in my family for over 50 years. the road has been there for over 70 years. I have lived on this land ever since I was born and these people bought it about 9 years ago. What gives them the rght to say I have no rights to the water and road that has been in my family for solong now?


Asked on 9/12/99, 10:05 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: My Prperty (sic)

You need to get a local real property attorney and file suit. Your fact pattern falls into the type(s) of claims I work on in GA. You have some very serious issues concerning dominent and servient estates, deed restrictions, covenants, and potential issues concerning prescription and adverse possession. In the absence of voluntary agreements with your contiguous landowners, you WILL have to file suit to enforce your claims. Hugh Wood

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Answered on 9/14/99, 3:03 pm


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