Williams v. South & South Rentals, Inc.

PARKER, Judge.

In his first assignment of error, plaintiff contends that the trial judge erred in finding that the encroachment was a continuing trespass, and in his second assignment of error, plaintiff asserts that the trial judge erred in concluding as a matter of law that G.S. 1-52(3) barred plaintiffs claim for relief.

The relationship between application of G.S. 1-52(3), the statute of limitations for a continuing trespass to real property, and G.S. 1-40, the limitations period for adverse possession, was addressed many years ago by our Supreme Court in Teeter v. Telegraph Co., 172 N.C.…