N.C. Gen. Stat. § 136-96.1
Special proceeding to declare a right-of-way dedicated to public use
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right-of-way dedicated to public use if: The landowners of tracts constituting two-thirds of the road frontage of the land abutting the right-of-way in question join in the action;
(1) A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right-of-way dedicated to public use if: The landowners of tracts constituting two-thirds of the road frontage of the land abutting the right-of-way in question join in the action;
(2) The right-of-way is depicted on an unrecorded map, plat, or survey;
(2) The right-of-way is depicted on an unrecorded map, plat, or survey;
(3) The right-of-way has been actually open and used by the public; and
(3) The right-of-way has been actually open and used by the public; and
(4) Recorded deeds for at least three separate parcels abutting the right-of-way recite the existence of the right-of-way as a named street or road.
(4) Recorded deeds for at least three separate parcels abutting the right-of-way recite the existence of the right-of-way as a named street or road.
(5) In a special proceeding brought pursuant to this section, the clerk of court shall issue an order declaring the right-of-way to be dedicated to public use upon finding that the provisions of subsection (a) of this section have been proven.
(5) In a special proceeding brought pursuant to this section, the clerk of court shall issue an order declaring the right-of-way to be dedicated to public use upon finding that the provisions of subsection (a) of this section have been proven.
(6) Any right-of-way found to be dedicated to public use pursuant to this section that is proposed for addition to the State highway system shall meet the requirements of G.S. 136-102.6.
(6) Any right-of-way found to be dedicated to public use pursuant to this section that is proposed for addition to the State highway system shall meet the requirements of G.S. 136-102.6.
(7) This section shall not apply to any right-of-way established by adverse possession or by cartway proceeding.
(7) This section shall not apply to any right-of-way established by adverse possession or by cartway proceeding.
History
(2001-501, s. 1.)
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.