Young v. Lica

TYSON, Judge.

I. Background

Lanning Young and wife, Charlene, (“plaintiffs”) own property located between State Highway 107 (“highway”) and Shoal Creek in Jackson County. In 1997, Michael B. Lica and wife, Cheryl, and Barry A. Imler and wife, Delores, (“defendants”) acquired property across Shoal Creek adjoining plaintiffs’ property and an easement across plaintiffs’ land to the highway. Defendant’s deed described the easement as:

BEGINNING at the margin of State Highway No. 107, (right side of Highway going towards Sylva, N.C.) and runs near Southeast *302about 90 feet to the middle of the Creek;…