WILLIAMS v. SOUTHERN BELL TEL. & TEL. CO.

No. 7929SC955.

266 S.E.2d 700 (1980)

Robert D. WILLIAMS v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY.

Court of Appeals of North Carolina.

June 3, 1980.


Attorney(s) appearing for the Case

D. Samuel Neill, Hendersonville, and William H. Miller, Tryon, for plaintiff-appellee.

Roberts, Cogburn & Williams by James W. Williams, Asheville, for defendant-appellant.


WELLS, Judge.

The operative facts stipulated between the parties were as follows: On 5 February 1929, defendant obtained and duly recorded a general permit to enter property owned in fee by plaintiff's predecessors in interest for the purpose of locating and maintaining its lines. The sole grantor of the permit was Ola H. White, who possessed only a life estate in the land. Ola White died 1 October 1935. The permit contained the following provision, "No Fruit Trees...

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