Commonwealth Land Title Insurance v. Stephenson

Judge WELLS

concurring in the result.

In our previous opinion in this case, reported at 97 N.C. App. 123, 387 S.E.2d 77 (1990), we recognized Commonwealth’s standing as a party plaintiff and that is the law of this case on that issue.

I agree that the existence of a buried septic tank on the land of a stranger to the title in question is not an encumbrance on the title to the land conveyed, and on that narrow factual aspect of this case, I agree that summary judgment for defendants was correctly rendered.