PUBLISHED

N.C.G.S. § 136-96.1

Special proceeding to declare a right-of-way dedicated to public use.

Effective date: 2026-08-08
Last verified: 2026-08-09
Source: official source
Revision history: view all versions

(a) A special proceeding under Article 3, Chapter 1 of the General Statutes may be brought to declare a right-of-way dedicated to public use if: (1) The landowners of tracts constituting two-thirds of the road frontage of the land abutting the right-of-way in question join in the action; (2) The right-of-way is depicted on an unrecorded map, plat, or survey; (3) The right-of-way has been actually open and used by the public; and (4) Recorded deeds for at least three separate parcels abutting the right-of-way recite the existence of the right-of-way as a named street or road. (b) In a special proceeding brought pursuant to this section, the clerk of court shall issue an order declaring the right-of-way to be dedicated to public use upon finding that the provisions of subsection (a) of this section have been proven. (c) Any right-of-way found to be dedicated to public use pursuant to this section that is proposed for addition to the State highway system shall meet the requirements of G.S. 136-102.6. (d) This section shall not apply to any right-of-way established by adverse possession or by cartway proceeding. (2001-501, s. 1.)