QUESTION
What would I need to do to get my part of the property sold?
Asked on Sep 18th, 2014 on Estate Planning - North Carolina
More details to this question:
My ex-husband and I built a home on land that my father deeded to me. The home itself sits on 2 acres. I left the marriage and my ex paid me my part of the home. The problem is, the reminder of the 14 acres is deeded to my brother and myself. Then surrounding that 14 acres is another 300 acres that is also in mine and my brother’s name. So, the home is landlocked by my brother and I. My ex and his girlfriend are basically trespassing on my land. There is an easement into the property but that is all. What recourse do I have if any?
1 ANSWER
Litigation Attorney serving Wendell, NC
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Kirk, Kirk, Howell, Cutler & Thomas, L.L.P.
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I am not exactly sure of your question. At one point you say the house/two acres is landlocked and then you say there is an easement. If there is a valid easement, then they have the right to go across your property (over the easement area) to get to the house/two acres. Are you trying to say they are leaving the two acres and the easement area and going onto the 14 acres and/or the surrounding 300 acres? If so, this would be trespassing. You can pursue trespassing civilly or criminally. In both cases, I would suggest that you have an attorney write them a letter advising them to stay off your property. It would be best if you can get your brother to agree to send the letter, too, so that the attorney can say he is writing the letter on behalf of both of the adjoining property owners. Once they are warned and then trespass again, you can proceed with your trespassing claim/charges. It might also make sense to mark your property lines with purple paint which is allowed to deal with trespassers.
Answered on Sep 19th, 2014 at 11:38 AM