North Carolina § 136-96.1 Special proceeding to declare a right-of-way dedicated to public use

North Carolina Statutes

§ 136-96.1 — Special proceeding to declare a right-of-way dedicated to public use

North Carolina § 136-96.1

Ch. 136Transportation

Art. 7Miscellaneous Provisions

This text of North Carolina § 136-96.1 (Special proceeding to declare a right-of-way dedicated to public use) is published on Counsel Stack Legal Research, covering North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.C. Gen. Stat. § 136-96.1 (2026).

Text

(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

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(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.)