Galloway v. Pace Oil Co., Inc.

WEBB, Judge.

The first question on this appeal is whether the plaintiffs claim is barred by the statute of limitations, G.S. 1-52(3), which provides:

Within three years an action —

* * *(3) For trespass upon real property. When the trespass is a continuing one, the action shall be commenced within three years from the original trespass, and not thereafter.

All the evidence shows the oil refinery was completed in 1972 and the drainage problems began occurring shortly thereafter. If the interference with the drainage from the plaintiffs land during periods of rainfall was a continuing trespass, the…