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Resident asks board for clarity after deeded 10-foot utility easement limits use behind Carolina Way building
Summary
A Highlands resident told commissioners a 10-foot alley easement on her deed is limited to utilities and maintenance, not vehicle access or parking; staff and county counsel advised the matter is private and the town has no jurisdiction, recommending consultation with a private attorney.
A Highlands property owner spoke during public comment to seek clarification about a 10-foot alley easement behind Carolina Way that she says is deeded for utilities and building repairs only and does not permit use as a public road or for parking.
The resident, Heather Lowe Prynewinkler, said she reviewed the deed at the county deeds office and was told the easement is discretionary to the property owner as to placement; she asked whether the town could advise how to proceed if she sought to move or narrow the easement to allow use of more of her lot. Prynewinkler said the alley provides access behind multiple buildings and that she wanted to relocate the easement closer to her building so she could use the back of her property more effectively.
Town officials, including the mayor and Town Manager Josh, said the matter appeared to be a private easement rather than a town-controlled easement. They repeatedly advised the resident that the town and county cannot give legal advice on private deed matters and recommended she consult a private attorney. Josh and other commissioners noted that utilities must maintain access and that obstructions (fences, plantings) over easements are typically removed to allow repairs, but decisions about relocating or altering deeded easements require legal review and recording of any changes.
Speakers cited in this item: Heather Lowe Prynewinkler (public commenter), Town Manager Josh and others who advised consulting an attorney.
