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GIBBS v. WRIGHT

No. 7228SC486.

195 S.E.2d 40 (1973)

17 N.C. App. 495

Robert A. GIBBS and wife, Mary Frances Gibbs v. Herman WRIGHT and wife, Myrtle Wright.

Court of Appeals of North Carolina.

March 14, 1973.

Attorney(s) appearing for the Case

M. John DuBose, Asheville, for plaintiffs appellants.

Bruce A. Elmore, John C. Cheesborough and George W. Moore, Asheville, for defendants appellees.

PARKER, Judge.

Appellants assign error to the trial court's conclusion that the right granted in the deed from the Dovalls to Powers to get water from the spring was an easement appurtenant to the land conveyed. They contend that on the contrary the right in question was in gross and amounted to no more than a personal license limited to the original grantee. We do not agree.

"Whether an easement in a given case is appurtenant or in gross depends mainly on...

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