Help with right of way.

[nw-mailing-list at nwhs.org]

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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