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Real Property – Easements – Dedication – Subdivision Plat (access required)

Smith v. County of Durham When plaintiffs subdivided their riverside tract so they could get a construction loan and build a home, they recorded a subdivision plat that dedicated a 60-foot easement that runs across their property from one neighbor’s land to another and leads to a public street. In doing so, plaintiffs changed what had been a private easement into a public one. We affirm partial summary judgment for defendant (owner of one of the neighboring tracts) on the issue of express easement.

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Real Property – Easement – Right-of-Way – Cemetery – Rights of the General Public (access required)

King v. Orr. (Lawyers Weekly No. 11-16-0186, 20 pp.) (Linda M. McGee, J.) Appealed from Pender County Superior Court. (Gary Locklear, J.) N.C.App. Unpub. Click here for the full text of the opinion. Holding: The trial court erred by granting ...

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Conservation easements and CERCLA liability: Making sure good deeds stay unpunished (access required)

By WILLIAM W. TOOLE and EMILY S. SHERLOCK, Special to Lawyers Weekly wtoole@rbh.com and esherlock@rbh.com   North Carolina’s dramatic population growth in the past 30 years – driven by people attracted to the state’s mild climate, strong economy and natural beauty ...

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Real Property – Easements – Prescriptive – Adverse Possession – Permissive Use (access required)

Garrett v. Murphy. (Lawyers Weekly No. 11-16-0005, 13 pp.) (Linda Stephens, J.) Appealed from Cherokee County Superior Court. (James U. Downs, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Defendant put a gate across ...

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