Does the owner of a landlocked property have a legal right to access a public right-of-way?

For example: 10 acres of land is surrounded by a larger tract owned by the person who sold him the land.

The property can be accessed from a public road using a dirt road that the owner of the larger tract has allowed them to use, but there is no deeded right of way.

If the owner wants to sell their 10 acre landlocked property, a buyer will want to know they have legal access to it.

Does North Carolina law give the owner of a landlocked property legal rights to access their property?

If you run into this situation, you should contact an attorney for advice, but I believe in typical circumstances:

The owner of the landlocked property does NOT necessarily have legal rights to a public right-of-way under North Carolina law simply because the property is landlocked.

There is a statutory procedure for establishing a “cartway” if the land is used for “he cultivation of any land or the cutting and removing of any standing timber, or the working of any quarries, mines, or minerals, or the operating of any industrial or manufacturing plants, or public or private cemetery.

There may be a legal basis for claiming what is known under common law as an implied easement by necessity. The law of implied easements is quite complicated, so you would be strongly advised to seek legal counsel for advice.

The best course of action is probably to request a formal easement for legal access to a public right-of-way from the owner of the larger tract.