Legal Opinion

Caldwell v. Branch

Court of Appeals of North Carolina

Decided January 2, 2007No. COA06-94PublishedCited by 14 opinions

1Opinion of the Court

JACKSON, Judge.

On 1 August 2005, the Gaston County Superior Court found that Chad Everette Caldwell and Crystal Cope Caldwell (“plaintiffs”) had acquired an easement by prescription over property owned by Randy DeWitt Branch and Kristy N. Crawford. Branch (“defendant”) appealed to this Court, and we now affirm.

The instant dispute arose over a right-of-way across a parcel of land in Bessemer City, North Carolina, and all parties in the case are related by blood or marriage. The servient tract (“Tract C”) is a 0.42-acre parcel fronting Inman Avenue, and the dominant tract (“the Caldwell…

2Cases cited16 opinions

  1. Viar v. North Carolina Department of TransportationSupreme Court of North Carolina · 2005
  2. Williams v. Pilot Life Insurance CompanySupreme Court of North Carolina · 1975
  3. Sessler v. MarshCourt of Appeals of North Carolina · 2001
  4. West v. SlickSupreme Court of North Carolina · 1985
  5. Potts v. BurnetteSupreme Court of North Carolina · 1981

11 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Dogwood Development & Management Co. LLC v. White Oak Transport Co.Supreme Court of North Carolina · 2008
  2. Peverall v. County of AlamanceCourt of Appeals of North Carolina · 2007
  3. State v. LabinskiCourt of Appeals of North Carolina · 2008
  4. McKinley Building Corp. v. AlvisCourt of Appeals of North Carolina · 2007
  5. Person Earth Movers, Inc. v. ThomasCourt of Appeals of North Carolina · 2007

9 more not listed; retrieve them via the Exa API.

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