Full question:
I purchased commercial property on a right-of way. It is on a map of the tract dated in 1924. There is an easement that is open to a major road and that easement has existed since 1935. The easement has been maintained by the State of North Carolina since 1935. The property changed hands by the sale of a company in 1982 and the property was sold to the city. The city sold the property to a church. Six months later the church blocked the easement. According to record, in 1989 the city did not accept the street with three owners, seven business locations to maintain and stated that the complete street became a private street. There was no 160A-299 form used. The county register of deeds has no record of the street becoming private. My deed implies that the street and road were shown on the plat. Can this be a private road without closing the street legally?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: North Carolina
Answer:
Section 160A-299 of the North Carolina General Statutes outlines the process for a municipality to permanently close streets and alleys. From your description, it seems this procedure was not followed.
A dedication refers to setting aside land for public use, which involves transferring ownership or a lesser interest in land to the public. This can be done through an explicit declaration or by implication. In your case, it appears there is no record showing the property was dedicated as an easement for public use.
There are two types of dedications: statutory and common-law. Statutory dedications involve a formal grant, while common-law dedications can occur through estoppel. A valid common-law dedication can happen if the land is shown on a filed plat and lots are sold based on that plat. Even if a street has not been accepted by public authorities, purchasers can rely on the dedication shown on the plat. They have a right to use the streets designated for public use, and this right attaches upon purchasing the property.
Once a dedication is completed, it is generally irrevocable. The dedicator cannot reclaim the land unless the purpose of the dedication has failed completely. Even if the legal title remains with the dedicator, the dedication can prevent them from recovering possession against those using it according to the dedication's purpose. A dedication remains effective unless the public or the appropriate authority abandons it or the street is legally vacated.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.