McGee v. McGee

ARNOLD, Judge.

In Dorman v. Wayah Valley Ranch, Inc., 6 N.C. App. 497, 170 S.E. 2d 509 (1969), this Court reiterated the three requirements of an easement by implication: (1) title shall have been separated between two tracts, one dominant and one servient; (2) before the separation took place, the use which gave rise to the easement shall have been so long continued and so obvious or manifest as to show that it was meant to be permanent; and (3) the easement shall be necessary to the beneficial enjoyment of the land granted or retained. Also, see Webster, Real Estate Law in North Carolina, §…