4. Why does railroad right of way cause
confusion?
4
“Charter” Right of Way
Elusive Records
Varying Widths
Abandonment
5. Raleigh & Gaston’s 1835 Charter
Section 12:
“the land so laid out on the line of the Rail
Road shall not exceed . . . eighty feet in
width . . .”
Charter does not state what property
interest can be obtained by possessing
land without condemnation
CSX owns at least an easement
for railroad purposes no wider than
80 feet
8. When does railroad right of way go
away?
8
When a railroad intends for it to.
Abandonment
9. Use at your own risk.
N.C.G.S. 1-44.1
Any railroad which has removed its tracks
from a right-of-way and has not replaced
them in whole or in part within a period
of seven (7) years after such removal
and which has not made any railroad use
of any part of such right-of-way after
such removal of tracks for a period of
seven (7) years after such removal, shall
be presumed to have abandoned the
railroad right-of-way.
9
10. Other than a railroad, who can say a
railroad right of way has been
abandoned?
10
A court.
Abandonment
11. If a railroad has not expressly made
clear its intent to abandon, what will
a court consider?
11
Evidence of any intent of RR
Railroad agreements
Removal of tracks & facilities
Detrimental reliance
Abandonment
12. Who owns land under abandoned
easements?
§ 1-44.2. Presumptive ownership of abandoned railroad easements.
(a) Whenever a railroad abandons a railroad easement, all right, title and interest
in the strip, piece or parcel of land constituting the abandoned easement shall be
presumed to be vested in those persons, firms or corporations owning lots or
parcels of land adjacent to the abandoned easement, with the presumptive
ownership of each adjacent landowner extending to the centerline of the
abandoned easement. In cases where the railroad easement adjoins a public road
right-of-way, the adjacent property owner's right, title and interest in the
abandoned railroad easement shall extend to the nearest edge of the public road
right-of-way.
The side boundaries of each parcel so presumptively vested in the adjacent property
owner shall be determined by extending the side property lines of the adjacent
parcels to the centerline of the abandoned easement, or as the case may be, the
nearest edge of the public road right-of-way. In the event the side property lines
of two adjacent property owners intersect before they meet the centerline or
nearest edge of the public road right-of-way, as the case may be, such side
property lines shall join and run together from the point of intersection to the
centerline of the easement or nearest edge of the public road right-of-way, as the
case may be, perpendicular to said centerline or edge.
(b) The presumption established by this section is rebuttable by showing that a
party has good and valid title to the land.
12
Presumption:
Adjoining landowners
to centerline.
15. What is a public road right of way?
15
Any non-private road.
16. Why is public road right of way
complicated in North Carolina?
16
Creation
Elusive or No Records
Ownership & Control
Abandonment
17. When does public road right of way
go away?
17
When the NCDOT AND the County
or Municipality formally abandon
road ownership – not just
discontinuance of maintenance
18. Other than NCDOT or
County/Municipality, who can say a
public road has been abandoned?
18
A court.
19. Who owns land under abandoned
public road?
19
Presumption:
Adjoining landowners to
centerline for easements.
20. How do you gain access to a public
road?
20
Must obtain driveway permit
from NCDOT or Municipality
23. 23
Jeff Bandini
Infrastructure - Utilities, Roads,
Public Facilities, Railroads, Transit
Development & Infrastructure
Agreements
Easements & Rights of Way
Land Use & Zoning
Real Property Disputes
919.890.4155
jeffbandini@parkerpoe.com
Questions & Discussion
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