The Thin Line Between Land Litigation And Land Use Controversies

Frequently, land litigation—land boundary and ownership claims - is a controversy concerning the use of land.  The recent case of Hedgepeth v. Parker's Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d ____(2016 WL 47700) illustrates the thin line between land litigation and land use controversies.

Background

In Hedgepeth, plaintiff and Parker's Landing Property Owners Association ("POA") are neighbors. Plaintiff desires to develop his property as a residential subdivision, but must possess sufficient access to a public street to secure development approvals from Currituck County.  The only access from plaintiff's property to a public road lies on the POA's property.