Howell v. Clyde

JOHN, Judge.

Defendant appeals the trial court’s entry of summary judgment in favor of plaintiff. In this controversy regarding an easement granted to plaintiffs predecessors in title, defendant contends the court erroneously concluded that the recording statute, N.C.G.S. § 47-18 (1984), protected plaintiff as a bona fide purchaser for value from oral termination of the easement. We reverse the trial court.

Pertinent facts and procedural history include the following: In an agreement dated 15 September 1969 and recorded 22 September 1969, Ray A. Warren and spouse Hazel Warren (the Warrens)…