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The influx of new homeowners into historic urban neighborhoods has created a resurgence of use of the original alleyway system. Use rights have therefore become a hot-button issue among the new "urban pioneers", Unfortunately, as the law on the matter remains convoluted, resolution of individual situations remains fact dependent.
Pitfalls for the unwary practitioner: signed, sealed and delivered – still the law in north carolina,
David T. Buckingham, Pitfalls for the Unwary Practitioner: Signed, Sealed and Delivered – Still the Law in North Carolina, Real Property, Vol. 15, No. 3, April, 1994, Newsletter of the Real Property Section of the North Carolina Bar Association
David T. Buckingham, The Problem of Landlocked Parcels and Easements by Necessity, The Property Line, Vol. 37, No. 2, March 2016, Newsletter of the Real Property Section of the North Carolina Bar Association
The problem of landlocked parcels – round ii; statutory cartways under n.c.g.s sections 136-68 to 136-70
David T. Buckingham, The Problem of Landlocked Parcels – Round II; Statutory Cartways under N.C.G.S Sections 136-68 to 136-70, The Property Line, Vol. 37, No. 3, June 2016, Newsletter of the Real Property Section of the North Carolina Bar Association
David T. Buckingham, Landlocked Parcels and Common Law Implied Easements by Necessity, The North Carolina State Bar Journal, Vol. 22, No. 1, Spring 2017
When you invest in commercial real estate, having a plan in place to handle issues that arise will streamline your operations and build your local reputation as a trustworthy business owner.
When a piece of land is considered “landlocked,” courts will usually grant the owner of the land an “easement by necessity.” “Landlocked” properties are generally properties that do not have any direct access to public roads from the property itself.
A foreclosure purchaser could not commence UD before Trustee's Deed recorded.
A foreclosure purchaser could begin eviction until Trustee's Deed recorded.