Barbour v. Pate

CALABRIA, Judge.

Susan Sanders Barbour (“Barbour”), Stewart 1996 Family Limited Partnership, Neuse Tree Farm, LLC, and E. Wayne Stewart, Trustee of the Velma H. Stewart Irrevocable Trust (collectively “plaintiffs”) appeal from the final judgment of the trial court. The trial court’s judgment granted plaintiffs easements implied by prior use and by necessity, but limited the scope of their uses, and additionally denied plaintiffs an easement by prescription. We vacate and remand.

I. Background

Jane Harris Pate, her husband Prayson W. Pate, Mae O. (Parker) Boles, and Phyllis Parker Mastrocola…