Knott v. WASHINGTON HOUSING AUTHORITY, ETC.

ARNOLD, Judge.

Defendant contends that the trial court erred in finding that plaintiff had an easement along Cherry’s Alley to Washington Street. We disagree and find that the evidence does show that plaintiff had an implied easement in the alley.

Although easements must generally be created in writing, courts will find the existence of an easement by implication under certain circumstances. J. Webster, Real Estate Law in North Carolina, § 280 at 346 (1971). Easements are implied in two basic situations. In the first, an “easement by necessity” may be found, typically when land becomes…