Help with right of way.

nw-mailing-list at nwhs.org nw-mailing-list at nwhs.org
Sun Nov 6 07:50:41 EST 2005



Mark:

I'm not a lawyer and won't pretend to be qualified to give you legal advice.
I stand by my recommendation that he retain one to research this. In most
states the agreement that was signed would have been recorded with the county
in which the land parcel is located as an attachment or easement to his
property deed. He could find the records in the local county offices. The
records and the copy of the agreement would show the width of the right of way. A
surveyor could (and should) stake it out.

If you want to contact me off list it's _drperiepa at aol.com_
(mailto:drperiepa at aol.com) , but what I've recommended already is about the limits of my
knowledge. I have no idea where you'd start within NS, but if the records are
there with the county you might not need to.

Dave Phelps

In a message dated 11/6/2005 7:24:15 A.M. Eastern Standard Time,
nw-mailing-list at nwhs.org writes:

His grandfather signed an agreement for the right of way on land HE owned.
This was early 19??.
Then My great aunt got it when he died.
My dad now owns the land, but has a buyer.
He needs to find out about the width of the right of way.
One relative says 400 feet, I say 40 feet.
It’s 7 acres, with the track running down one side.

WHO within the NS organization can we contact?
He wants to sell the parcel of land.


Mark Lindsey





____________________________________
From: <nw-mailing-list at nwhs.org>
Reply-To: NW Mailing List <nw-mailing-list at nwhs.org>
Date: Sat, 5 Nov 2005 18:41:16 EST
To: <nw-mailing-list at nwhs.org>
Subject: Re: Help with right of way.

He wants to sell the land through which the right of way runs, or he wants
to sell the right of way? Does he actually have title to the right of way?
Was there an easement in place? Did full right to use revert? Some research
of the deed to the land is in order to make sure he's selling something he
has a right to sell. I suggest you hire two professionals:

- a lawyer, to make sure your dad can really do what he's proposing to do,
and
- a surveyor, do get the actual answer to your specific question.

Dave Phelps

In a message dated 11/5/2005 6:23:47 P.M. Eastern Standard Time,
nw-mailing-list at nwhs.org writes:

My dad has a piece of land in n. Carolina with a RR righ tof way. He
thinks it’s an NS track because it WAS a SRR track.
How can he find how wide the right of way IS?? He wants to sell it. The
land that is.



Mark Lindsey




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