Board of Transportation v. Bryant

MORRIS, Chief Judge.

The first question for determination is whether the trial court erred in concluding that the Lauder right-of-way agreement did not reserve for defendants any right of direct access to the ramps leading to 1-40 and reserved only abutters’ rights of access to Pinecroft Road.

A right-of-way agreement similar to the Lauder right-of-way agreement was dealt with by the Supreme Court in Abdalla v. Highway Commission, 261 N.C. 114, 134 S.E. 2d 81 (1964). The Ab-dalla agreement provided that the grantors “and heirs and assigns shall have no right of access to the highway constructed…