Legal Question in Real Estate Law in North Carolina

Public streets often have a right-of-way that is larger than the physical area occupied by the road and extend beyond the curb onto property owner's lots.

Is it considered trespass to walk within the portion of the public ROW easement that might be on a lawn that fronts the street?

Asked on 5/29/13, 12:15 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

The right of way easement is not really for public egress or movement, it is designed for the local government to be able to do utility or other necessary work. Without more information, I am not sure if you are concerned as the homeowner or someone who wants to travel in this right of way.

In any event, it could be trespassing, but without true financial damages, there would be no recovery from any lawsuit.

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Answered on 5/29/13, 12:20 pm

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