Legal Opinion

Cannon v. Day

Court of Appeals of North Carolina

Decided July 6, 2004No. COA03-704PublishedCited by 12 opinions

1Opinion of the Court

*303GEER, Judge.

This appeal arises out of a dispute over whether plaintiffs acquired a prescriptive easement across defendants’ lots permitting use of a private lane to access the public road from plaintiffs’ lot. We hold that plaintiffs’ evidence — that plaintiffs’ predecessors-in-interest used the lane without permission for more than 20 years, maintained the lane, named the lane, and treated the lane as if they owned it— was sufficient to support a verdict in plaintiffs’ favor. The trial court therefore properly submitted the issue to the jury, which ultimately found that a prescriptive…

2Cases cited15 opinions

  1. Dickinson v. PakeSupreme Court of North Carolina · 1974
  2. Harris v. WaldenSupreme Court of North Carolina · 1985
  3. Potts v. BurnetteSupreme Court of North Carolina · 1981
  4. Dulin Ex Rel. Dulin v. FairesSupreme Court of North Carolina · 1966
  5. Wiseman v. WisemanCourt of Appeals of North Carolina · 1984

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3Cited by12 opinions

  1. Ondrusek v. MurphyAlaska Supreme Court · 2005
  2. Caldwell v. BranchCourt of Appeals of North Carolina · 2007
  3. Koenig v. Town of Kure BeachCourt of Appeals of North Carolina · 2006
  4. Deans v. MansfieldCourt of Appeals of North Carolina · 2011
  5. Martin v. PopeCourt of Appeals of North Carolina · 2018

7 more not listed; retrieve them via the Exa API.

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