• Blog Post

    A Twenty-Year Statute of Limitations for Challenges to Easement Encroachments

              Easements in North Carolina just got a little easier to maintain and, if necessary, litigate. The Supreme Court of North Carolina ruled in August 2016 that easement holders have twenty years within which to file a suit for the removal of easement encroachments.  This overruled previous case law requiring easement holders to file a suit within six years.[1]  There are many different types of easements, but put simply, easements are a right to traverse or otherwise use someone else’s land for a specified purpose.  For example, one could have an easement to cross over their neighbor’s land to access a home or a fishing pond.…