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Real Property – Easements – Deed Description – Blocking — Highway Right-of-Way

Real Property – Easements – Deed Description – Blocking — Highway Right-of-Way

Where plaintiff’s and her predecessor’s deeds reserved two gravel easements but did not reserve an easement in the circular drive which connects the two easements, plaintiff is not entitled to an order requiring defendants to remove the trailer with which they have blocked plaintiff’s access to the circular drive.

However, the court notes that the circular drive is within the highway right-of-way, and it is a misdemeanor to obstruct a highway right-of-way. Defendants should determine their responsibilities and liability concerning parking a trailer or any other obstruction within the highway right-of-way.

The court affirms summary judgment for defendants.

McGuire v. Olson (Lawyers Weekly No. 012-110-18, 11 pp.) (John Tyson, J.) Appealed from Watauga County District Court (Rebecca Eggers-Gryder, J.) Tyler Moffatt for plaintiff; Chelsea Bell Garrett for defendants. N.C. App. Unpub.


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