Godfrey v. Van Harris Realty, Inc.

WHICHARD, Judge.

Plaintiffs prayed for a declaratory judgment establishing that they have an easement over a roadway across land owned by defendant. They claim the easement through prescriptive use by themselves and their predecessors in title. Defendant contends the court erred in failing to grant its motion for a directed verdict. We agree and accordingly reverse.

Under G.S. 1A-1, Rule 50 defendant is entitled to a directed verdict only if the evidence, considered in the light most favorable to plaintiffs, fails to show each and every element required to establish an easement by prescription.…