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Tag Archives: easement

Real Property – Riparian Rights – Man-Made Harbor – Easements – County – Public Access (access required)

Newcomb v. County of Carteret. Despite the fact that Marshallberg Harbor is man-made, since the harbor is navigable, the owners of the land along the harbor have riparian rights. However, those lands are subject to an easement granted to the defendant-county when the harbor was created. We affirm the trial court's summary judgment rulings as to riparian rights and the county's easement. We dismiss the plaintiffs' appeal of the trial court's decision as to the prescriptive easement issue.

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Civil Practice – Mediated Settlement – Reformation – Easement – Increased Cost – Relocation (access required)

Apple Tree Ridge Neighborhood Association v. Grandfather Mountain Heights Property Owners Corp. Although the parties' mediated settlement agreement said the new road they had negotiated "shall be built in conformity with all applicable governmental regulations," according to plaintiffs' expert, the applicable regulations required relocating the roadway and added $40,000 to its cost. [...]

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