Clontz v. Clontz

MORRIS, Chief Judge.

The only question presented on this appeal is whether the trial court erred in denying defendants’ motion for judgment notwithstanding the jury’s verdict awarding compensation for improvements made by plaintiff on defendants’ property.

By G.S. 1-340, the betterments statute, North Carolina provides for recovery of the value of improvements made upon another’s property. However, this section does not create an independent cause of action. Rather, it embodies only a defensive right, declaring that an owner of land who seeks and obtains the aid of the court to enforce his…