Nelms v. Davis

HUNTER, Judge.

Alex A. Nelms and Nellie E. Nelms (“plaintiffs”) appeal from summary judgment of the trial court permanently enjoining them from entering property owned by Jerry V. Davis (“defendant”). Plaintiffs contend they have an easement over defendant’s property, and the trial court erred in determining otherwise. We agree and therefore reverse the judgment of the trial court.

Plaintiffs and defendant own adjacent property in Nash County. Defendant’s property includes a sixty-foot wide unpaved strip of land he uses as his driveway. The sixty-foot wide strip is directly adjacent to…