LDDC, INC. v. Pressley

VAUGHN, Chief Judge.

We hold that the trial court was correct in concluding that Hubert Pressley, as tenant in common with Alaska Pressley, could not convey an easement for a right-of-way to petitioner which would bind Alaska Pressley, where she did not join in the conveyance. We therefore affirm.

A tenancy in common is characterized by a single essential unity, that of possession, or the right to possession of the common property. Lockleair v. Martin, 245 N.C. 378, 381, 96 S.E. 2d 24, 26 (1957). Each tenant owns a separate undivided interest in the land in his or her own right, and each has an…