Cole v. Bonaparte'S Retreat Prop. Owners' Ass'n, Inc.
Court of Appeals of North Carolina
1Opinion of the Court
INMAN, Judge.
When a grantor who owns one parcel of land and adversely possesses an adjacent parcel without color of title conveys both parcels to grantees by deed that describes only the parcel in which the grantor holds title, the grantees may not tack their time of possession to the grantor's time to satisfy the statutorily prescribed period for adverse possession. Further, a trial court may not impose an easement when neither party has raised the issue, the easement is not suggested by the evidence, and the relief results in substantial prejudice to the owner of the servient parcel.
Plaintif…
2Cases cited28 opinions
- Dolan v. City of TigardSupreme Court of the United States · 1994
- Craig Ex Rel. Craig v. New Hanover County Board of EducationSupreme Court of North Carolina · 2009
- Dickinson v. PakeSupreme Court of North Carolina · 1974
- Locklear v. . SavageSupreme Court of North Carolina · 1912
- Merrick v. PetersonCourt of Appeals of North Carolina · 2001
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3Cited by3 opinions
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- Lackey v. City of BurlingtonCourt of Appeals of North Carolina · 2022