Williams v. Foreman

The only assignment of error requiring discussion is that based upon the entry of the compulsory nonsuit.

The party claiming a right of way by prescription has the burden of proving the several elements essential to its acquisition. McCracken v. Clark, 235 N.C. 186, 69 S.E. 2d 184; Speight v. Anderson, 226 N.C. 492, 39 S.E. 2d 371; Chesson v. Jordan, 224 N.C. 289, 29 S.E. 2d 906; McPherson v. Williams, 205 N.C. 177, 170 S.E. 662; Perry v. White, 185 N.C. 79, 116 S.E. 84.

Thus he must show, among other things, not only that a way over another’s land was used for the requisite period, but also…