Hundley v. Michael

WALKER, Judge.

In their first assignment of error, defendants contend the trial court erred in concluding plaintiffs are entitled to make full use of the property within the easement as long as plaintiffs do not interfere with defendants’ access to Lot 2.

In asserting that plaintiffs have no right to make use of the property within Pat’s Place Lane, defendants rely upon Rollinwood Homeowners Association v. Jarman, Inc., 92 N.C.App. 724, 375 S.E.2d 700 (1989). In that case, a fifteen foot easement for the purposes of “placing and maintaining landscaping and shrubbery” existed in favor of…