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 ...

Tagged with: Easements

Tanglewood Property Owners’ Association, Inc. v. Isenhour (Lawyers Weekly No. 011-240-17, 20 pp.) (Robert Hunter Jr., J.) Appealed from Brunswick County District Court (Pauline Hankins, J.) N.C. App. Holding: Even though the defendant-lot owners do not use all of the ...

Tagged with: Easements

Lewis v. Hedgepeth (Lawyers Weekly No. 012-061-17, 14 pp.) (Richard Dietz, J.) Appealed from Currituck County Superior Court (Marvin Blount III, J.) N.C. App. Unpub. Holding: Although our state’s appellate courts have not yet expressly addressed whether an easement can ...

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Adelman v. Gantt (Lawyers Weekly No. 011-003-17, 19 pp.) (Wanda Btyant, J.) Appealed from Mecklenburg County District Court (Karen Eady-Williams, J.) N.C. App. Holding: Where (1) the parties’ adjacent lots were once owned by the same person; (2) for the ...

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Pressl v. Appalachian Power Co. (Lawyers Weekly No. 001-166-16, 16 pp.) (Motz, J.) No. 15-2348, Nov. 21, 2016; USDC at Roanoke, Va. (Moon, J.) 4th Cir. Holding: A Virginia federal district court did not have subject matter jurisdiction over an ...

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Mason v. Cline (Lawyers Weekly No. 15-16-0260, 7 pp.) (Chris Dillon, J.) Appealed from Catawba County Superior Court (Anderson Cromer, J.) N.C. App. Unpub. Holding: Even if the trial court chose not to credit defendants’ evidence that their predecessors gave ...

Tagged with: Adverse Possession Easements

42 East, LLC v. D. R. Horton, Inc. The trial court found that the parties had amended their contract, including the closing date; however, the court failed to consider whether the amendment was made in compliance with the terms of the contract.

Tagged with: Contract Easements Real Property title insurance

Smith v. County of Durham 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.

Tagged with: Easements Real Property

Phillips & Jordan Investment Corp. v. Greun Madainn, Inc. (Lawyers Weekly No. 11-16-0243, 8 pp.) (Cheri Beasley, J.) Appealed from the Graham County Superior Court. (James U. Downs, J.) N.C. App. Unpub. Click here for the full text of the ...

Tagged with: Adverse Possession Easements Real Property

King v. Orr. (Lawyers Weekly No. 11-16-0186, 20 pp.) (Linda M. McGee, J.) Appealed from Pender County Superior Court. (Gary Locklear, J.) N.C.App. Unpub. Click here for the full text of the opinion. Holding: The trial court erred by granting ...

Tagged with: Easements Real Property