Duke Energy Carolinas, LLC v. Gray

EDMUNDS, Justice.

Defendant Herbert A. Gray (defendant) owns real property located in Huntersville, North Carolina. Plaintiff Duke Energy Carolinas, LLC (plaintiff or Duke) owns an easement allowing construction of and access to its power lines. A portion of defendant’s property encroaches on plaintiffs easement and defendant has failed to remove the encroachment upon plaintiffs request. We consider whether plaintiff has a right to eject defendant’s encroachment from the easement. Defendant contends that N.C.G.S. § l-50(a)(3), which establishes a six-year statute of limitations for injury to…