Nicholas v. Salisbury Hardware and Furniture Co.
Supreme Court of North Carolina
1DissentRodman, J.
The law with respect to the acquisition of an easement by adverse user is clearly and concisely stated in Henry v. Farlow, 238 N.C. 542. As there shown by copious citations, user alone is not sufficient; the owner must be put on notice of the adverse character of the use.
The language of Clarkson, J., in R.R. v. Ahoskie, 202 N.C. 585, is I think, appropriate to the facts shown by this record. He said: “Neighborly conduct either on the part of a person or corporation ought not to be so construed as to take their property, unless it has such probative force as to show adverse user for twenty…
2Cases cited2 opinions
- Henry v. FarlowSupreme Court of North Carolina · 1953
- R. R. v. . AhoskieSupreme Court of North Carolina · 1932