State v. Vetter (Lawyers Weekly No. 011-053-18, 17 pp.) (Mark Davis, J.) Appealed from Lincoln County Superior Court (Nathaniel Poovey, J.) N.C. App. Holding: After defendant and his girlfriend broke up, he had permission to go into her garage to ...

Tagged with: trespass

Vinal v. Federal National Mortgage Association (Lawyers Weekly No. 15-02-0931, 15 pp.) (James Dever III, C.J.) 7:13-cv-00159; E.D.N.C. Holding: Plaintiff’s trespass claim accrued no later than Nov. 18, 2010, the latest date on which the lender’s agent sent contractors to ...

Tagged with: trespass

Reversing its own opinion from just seven months ago, the North Carolina Court of Appeals held recently that wrongfully maintaining encroaching structures—not only constructing new ones— does, in fact, constitute a daily trespass. After taking a second look at the ...

Tagged with: North Carolina Court of Appeals trespass

Graham v. Deutsche Bank National Trust Co. (Lawyers Weekly No. 15-07-0148, 12 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) On petition for rehearing. N.C. App. Holding: Even though defendant’s house and septic system ...

Tagged with: trespass

Graham v. Deutsche Bank National Trust Co. (Lawyers Weekly No. 14-16-0696, 10 pp.) (Mark Davis, J.) Appealed from Guilford County Superior Court (Lindsay Davis Jr., J.) N.C. App. Unpub. Holding: Since Lot 2’s house and septic tank were already built ...

Tagged with: property trespass

Inland Harbor Homeowners Association, Inc. v. St. Josephs Marina, LLC Where defendant’s deed describes the property conveyed to defendant as including “all right, title and interest of the grantors in any bulkheads adjoining Tract One and Tract Two …,” and where we have previously rejected plaintiff’s arguments to the contrary, we hold that defendant owns the bulkhead at issue.

Tagged with: quiet title Real Property Tort/Negligence trespass

Batts v. Batts Even though the plaintiff-brother originally allowed the defendant-sister to put a manufactured home on the brother’s land (for their mother to live in), the trial court found that (1) the brother owns the property on which the manufactured home is located, (2) the brother asked the sister to remove herself and her manufactured home from his property, and (3) the sister refused to remove herself and her home from the brother’s property. The trial court’s findings support its conclusions that the sister was trespassing on the brother’s land and that the brother was damaged by the continued trespass.

Tagged with: Civil Practice Real Property Rule 59 Tort/Negligence trespass

A Baltimore County jury has awarded more than $495 million in compensatory damages to residents who sued Exxon Mobil Corp. over a 2006 gasoline leak. At presstime, jurors were still deliberating how much to award plaintiffs in punitive damages. The jury found Exxon Mobil liable for fraud, negligence, nuisance, strict liability, trespass, diminution of property value, emotional distress and medical monitoring. The emotional distress claim included fear of cancer and other serious diseases and fear of loss of property value.

Tagged with: Emotional Distress Fraud Negligence nuisance trespass

Mathis v. Hoffman After her neighbors mistakenly built their fence on her property, defendant was not entitled to choose her remedy. It was within the trial court’s authority to enter an injunction allowing plaintiffs to move the fence to their own property at their expense. We affirm summary judgment for plaintiffs.

Tagged with: Declaratory Judgment Injunction Real Property Remedies Removal Tort/Negligence trespass

Joines v. Joines Defendant trespassed on his neighbor's land when he removed timber from, graded, installed culverts on, placed gravel on, and created a parking area on an abandoned roadway. There was evidence to support the trial court's determination that the abandoned road was on the plaintiff-neighbor's land.

Tagged with: Tort/Negligence trespass