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POTTS v. BURNETTE

No. 7930DC737.

265 S.E.2d 504 (1980)

Wade H. POTTS; Don Wayne Potts, Arthur B. Potts and Mavis L. Potts, Trustees of John H. Potts, Memorial Cemetery; Bobby E. McDaniel and wife, Barbara R. McDaniel; Donald R. McDaniel and wife, Nancy M. McDaniel; and Fred B. McDaniel and wife, Joann S. McDaniel v. J. W. BURNETTE and wife, Estelle Burnette; Judy Lee Burnette Rogers and husband, Alexander Rogers; James Henry Burnette and wife, Loretta Burnette; C. T. Burnette and wife, Juanita Burnette; and Dennis Hall Burnette.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Rogers, Cabler & Henson by J. Edwin Henson, Highlands, for plaintiffs-appellees.

Orr & Payne by Robert F. Orr, Asheville, for defendants-appellants.

ARNOLD, Judge.

The development of the law of prescriptive easements in North Carolina is set out in Dickinson v. Pake, 284 N.C. 576, 201 S.E.2d 897 (1974). In North Carolina, unlike the majority of other jurisdictions, we presume that the use of a way over another's land is permissive unless evidence appears to the contrary. Id. In the present controversy the sole issue is whether plaintiffs...

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