State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-44_2

§ 1‑44.2.  Presumptiveownership of abandoned railroad easements.

(a)        Whenever a railroadabandons a railroad easement, all right, title and interest in the strip, pieceor parcel of land constituting the abandoned easement shall be presumed to bevested in those persons, firms or corporations owning lots or parcels of landadjacent to the abandoned easement, with the presumptive ownership of eachadjacent landowner extending to the centerline of the abandoned easement. Incases where the railroad easement adjoins a public road right‑of‑way,the adjacent property owner's right, title and interest in the abandonedrailroad easement shall extend to the nearest edge of the public road right‑of‑way.

The side boundaries of eachparcel so presumptively vested in the adjacent property owner shall bedetermined by extending the side property lines of the adjacent parcels to thecenterline of the abandoned easement, or as the case may be, the nearest edgeof the public road right‑of‑way. In the event the side propertylines of two adjacent property owners intersect before they meet the centerlineor nearest edge of the public road right‑of‑way, as the case maybe, such side property lines shall join and run together from the point ofintersection to the centerline of the easement or nearest edge of the publicroad right‑of‑way, as the case may be, perpendicular to saidcenterline or edge.

(b)        The presumptionestablished by this section is rebuttable by showing that a party has good andvalid title to the land.

(c)        Repealed by SessionLaws 1987 (Reg. Sess., 1988), c. 1071, s. 6. (1987, c. 433, s. 1; 1987 (Reg. Sess., 1988), c. 1071,s. 6; 2004‑203, s. 14.)