Legal Opinion

Borders v. Yarbrough

Supreme Court of North Carolina

Decided April 15, 1953No. 305PublishedCited by 41 opinions

1Opinion of the CourtPakkeb, J.

The appellant in her brief makes only these contentions: First, that the description of an easement in the deed is too uncertain, vague and indefinite to permit identification with reasonable certainty of an easement; that the claimed easement is not apparent; and that the plaintiff does not allege in her complaint that her right to run a sewer line across defendant’s lot is a way of necessity.

An easement is an interest in land, and is generally created by deed. Mordecai Law Lectures, Vol. 1, p. 464; Norfleet v. Cromwell, 64 N.C. 1; Thompson v. Umberger, 221 N.C. 178, 19 S.E. 2d 484. G.S.…

2Cases cited10 opinions

  1. Thompson v. . UmbergerSupreme Court of North Carolina · 1942
  2. Burgas v. StoutzSupreme Court of Louisiana · 1932
  3. Walker v. PhelpsSupreme Court of North Carolina · 1932
  4. McCormick v. . MonroeSupreme Court of North Carolina · 1853
  5. Walker v. . PhelpsSupreme Court of North Carolina · 1932

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3Cited by41 opinions

  1. Weyerhaeuser Company v. Carolina Power & Light Co.Supreme Court of North Carolina · 1962
  2. North Carolina State Highway Commission v. NucklesSupreme Court of North Carolina · 1967
  3. Hensley v. RamseySupreme Court of North Carolina · 1973
  4. Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
  5. Reed v. ElmoreSupreme Court of North Carolina · 1957

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