Combs v. . Brickhouse

Does a parol agreement to eliminate drainage ditches, made by the owners of the dominant and servient estates, constitute evidence of an abandonment or relinquishment of a drainage easement imposed upon the servient estate?

An easement is an interest in land, and the creation thereof by grant is governed by the statute of frauds. C. S., 988. Davis v. Robinson, 189 N. C., 589, 127 S. E., 697; Clark v. R. R., 192 N. C., 280, 135 S. E., 26; Gruber v. Eubank, 197 N. C., 280, 148 S. E., 246.

The facts in this case, however, involve the abandonment or relinquishment of an easement rather than the…