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HORTON v. GOODMAN

No. 8319DC503.

315 S.E.2d 728 (1984)

Ronald Lee HORTON and Phyllis B. Horton v. Stanley F. GOODMAN and Margaret Goodman.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Kluttz, Hamlin, Reamer, Blankenship & Kluttz by Malcolm B. Blankenship, Jr., Salisbury, for plaintiffs-appellants.

Woodson, Hudson, Busby, Sayers, Lawther & Bridges by Donald D. Sayers, Salisbury, for defendants-appellees.

ARNOLD, Judge.

Plaintiffs contend that the trial court erred in allowing the issue of abandonment of easement to be submitted to the jury in that there was insufficient evidence of abandonment. We disagree and find no error.

North Carolina case law has historically recognized the principle that an easement, whether created by grant or prescription, may be abandoned.

An easement may be abandoned by unequivocable acts showing a clear intention to abandon...

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