Civil Practice – Appeals – Preliminary Injunction – Real Property – Fence Removal

Defendant placed a fence along the property line between his and plaintiff’s lots, preventing plaintiff from continuing to use part of a circular driveway that plaintiff has used since 1996. In a preliminary injunction, the trial court ordered defendant to remove the portion of the fence blocking the driveway. Given that there is no evidence in the record to indicate the fence is permanently affixed to defendant’s property, and that the preliminary injunction protects defendant by limiting the weight of vehicles plaintiff can drive on the driveway and by requiring plaintiff to post a bond, defendant has not shown that a substantial right would be affected without immediate review.

Appeal dismissed.

Anderson v. North Carolina 4504 Graham Newton Road Trust (Lawyers Weekly No. 012-149-23, 6 pp.) (Donna Stroud, C.J.) Appealed from Wake County Superior Court (Andrew Hanford, J.) Samuel Pinero for defendant; Kenneth Haywood and Marianna Baggett for plaintiff. North Carolina Court of Appeals (unpublished)