(a)        A special proceeding under Article 3, Chapter 1 of the N.C. Gen. Stat. 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 N.C. Gen. Stat. § 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.)

Terms Used In North Carolina General Statutes 136-96.1

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
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