Legal Opinion

Lester v. Galambos

Court of Appeals of North Carolina

Decided February 20, 2018No. COA 17-83PublishedCited by 1 opinion

1Opinion of the Court

MURPHY, Judge.

*28 Michael Lester and Peggy Louann Bowen (collectively, "Plaintiffs") and Rachel Galambos ("Defendant") dispute whether an easement exists over a portion of Plaintiffs' property. "[C]ourts will find the existence of an easement by implication under certain circumstances[,]"

*29 including when an easement may be implied from prior existing use. Knott v. Washington Hous. Auth. of the City of Washington , N.C. , 70 N.C. App. 95 , 97, 318 S.E.2d 861 , 862 (1984) (citation omitted). The use which gives rise to an implied easement "must have been so long continued and obvious as to show it…

2Cases cited14 opinions

  1. In Re the Will of JonesSupreme Court of North Carolina · 2008
  2. Liberty Mutual Insurance v. PenningtonSupreme Court of North Carolina · 2002
  3. Builders Supplies Co. of Goldsboro, NC, Inc. v. GaineySupreme Court of North Carolina · 1972
  4. United Community Bank (Georgia) v. WolfeSupreme Court of North Carolina · 2017
  5. Carmon v. . DickSupreme Court of North Carolina · 1915

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

3Cited by1 opinion

  1. Farmers & Merchs. Bank v. HenleyCourt of Appeals of North Carolina · 2025

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