City of Statesville v. Credit & Loan Co.

WHICHARD, Judge.

The sole issue is whether plaintiff has a valid avigation easement over land owned by defendant. We affirm the partial summary judgment decreeing defendant’s ownership free of encumbrances.

Plaintiff contends it has an avigation easement over the property in question by deed. It claims the easement pursuant to the following chain of title: Bertha Murdock had title in fee simple absolute, which she conveyed to one Smyre. Smyre in turn conveyed to one Nicholson, and Nicholson deeded an avigation easement to plaintiff.

Because the Supreme Court has previously determined that Bertha…