Smith v. County of Durham (Lawyers Weekly No. 11-07-0846, 22 pp.) (Sam Ervin IV, J.) Appealed from Durham County Superior Court. (Shannon R. Joseph, J.) N.C. App. Click here for the full-text opinion.
Holding: 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.