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Home / Courts / N.C. Court of Appeals / Real Property — Easements – ‘Open’ – Fencing for Horses – Unreasonable Interference (access required)

Real Property — Easements – ‘Open’ – Fencing for Horses – Unreasonable Interference (access required)

Since defendants’ easement over plaintiffs’ property does not require that the easement remain “open,” plaintiffs are entitled to erect a gate on the easement if a gate is necessary to the reasonable enjoyment of plaintiffs’ servient estate, provided the gate is not of such nature as to materially impair or unreasonably interfere with defendants’ use ...

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