Mountain View, Inc. v. Bryson

HEDRICK, Chief Judge.

There are three requirements for creation of an implied easement by necessity upon severance of title: 1) conveyance of a por tion of a tract of land by the owner of the entire tract; 2) before the conveyance takes place, the use which gives rise to the easement shall have been so long continued and obvious or manifest to show that it was meant to be permanent; and 3) the easement shall be necessary to the beneficial enjoyment of the land granted or retained. Potter v. Potter, 251 N.C. 760, 764, 112 S.E. 2d 569, 572 (1960). Mr. Bryson admits in his brief that these three…