Skvarla v. Park

VAUGHN, Chief Judge.

Since the parties have stipulated that the deed from the Ber-nards to C. B. Williams created an appurtenant easement in favor of 1407 Hillsborough Street, the sole issue is whether defendant presented sufficient evidence to support her affirmative defense, that the easement was extinguished, to withstand plaintiffs’ motion for a directed verdict. Defendant contends the easement was extinguished by abandonment. As the party claiming the easement was abandoned, defendant has the burden of proof to establish the abandonment. Raleigh, Charlotte and Southern Railway v. McGuire,…