Higdon v. Davis

EAGLES, Judge.

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This case presents an issue of first impression; whether one can acquire a prescriptive easement by adverse use for seven years under color of title pursuant to G.S. 1-38. The jury answered this issue in the affirmative and plaintiffs assign as error the trial court’s refusal to grant a directed verdict or judgment notwithstanding the verdict on this issue. For the reasons herein stated, we find no error in the trial court’s refusal to grant plaintiffs’ motions.

A. Applicability of color of title to prescriptive easements.

In determining whether the doctrine of color of title…