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Ask a Lawyer: Is my Private Road a Public Problem?

Every week we invite guest attorneys to our Facebook page to discuss your legal questions. Topics range from estate planning to custody disputes to personal finance and everything in between. This week we got a question from someone in North Carolina who wanted to know what legal steps to take to get the city to repair her private road.

If you have any questions for our guest attorneys, post them to our Facebook wall on Wednesday from 10:30am-12:00pm PST.

We have a road issue. We were told that to get it on the state of North Carolina’s list of public roads to repair, we needed to have “private” taken off our deeds. We would like to know if this is true. Our road has been very bad condition for more than 30 years.

-Perry W.

Sorry to hear about the bad condition of your road. Rules around public and private roads and their maintenance vary by county in North Carolina. For example, a brochure from Onslow County outlines several alternatives to private maintenance. One alternative listed is the Old Rural Roads Program, which is described as a North Carolina Department of Transportation program that allows the state to assume maintenance of some pre-1975 roads – there are some specific requirements, so check out the brochure.

You might also want to call the Dept. of Transportation customer service at 877-DOT-4YOU or contact a real estate attorney in your area.  We can help you find one!
Best of luck to you.

One Comment

  1. Eugene Davis says:

    NC Laws on private road with low branches over road that has no home owner association