Right of way or noway?

[wncguy]

What is the name of your state? North Caolina

There is approximatley 20 feet between my neighbors house and mine. My house is 10 foot from the dividing property line of which there is a 10 foot right of way on my land so that the neighbor may have access to the rear of his house. I also have a 5 foot right of way onto his property. I have heard my neighbor is going to pave this area and expects me to reroute my gutter drains which currently run down beside my house on the side of the right of way. My question is can my neighbor have this paving done if i object? Can the neighbor make me pay part or all of this paving? Do i have to move my gutter drains. my gutters have been like this for almost 15 yrs.

 

[BelizeBreeze]

Neither you nor your neighbor can disturb any part of the easement that lies on the other's property.

And easement is the right to use, not own.

 

[wncguy]

Thanks

Thanks for the quick reply. So i take it that means unless we BOTH agree to the paving then it cant be done?

 

[seniorjudge]

Thanks for the quick reply. So i take it that means unless we BOTH agree to the paving then it cant be done?

That's not what BelizeBreeze said; he answered that question in his post. Please re-read it.

 

[wncguy]

I appreciate the answer and replys but in the simplest form what does this mean, i am a little slow.
Perhaps i should explain....
There is an existing gravel drive that rests on both the 10 right of way on my land and the 5 foot right of way on my neighbors land. Can the neighbor pave this area?

 

[geryon]

For what it's worth, my interpretation of the post by BelizeBreeze is that your neighbor can pave his 5 feet, but not your 10 feet, but only so long as it doesn't keep you from using his 5 feet, and vice versa.

And, so long as your drain is onto your 10 feet, your neighbor can do nothing about that...assuming the drain does not impede his right of way either.

 

[seniorjudge]

I don't know anything about North Carolina law, but the previous responders seem to have hit the nail on the head. Poster, as long as you do nothing to your neighbor's right of way, you don't seem to me to have much to worry about. You can't put water on him, etc.