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LDDC, INC. v. PRESSLEY

No. 8430SC61.

322 S.E.2d 416 (1984)

LDDC, INC., a Florida Corporation v. Alaska Holland PRESSLEY and Hubert W. Pressley.

Court of Appeals of North Carolina.

November 20, 1984.

Attorney(s) appearing for the Case

Edward Thornhill, III, P.A., Canton, for petitioner-appellant.

Brown, Ward, Haynes & Griffin, P.A., Waynesville, and Long, Parker, Payne & Matney, P.A. by Steve Warren, Asheville, for respondent-appellee Alaska H. Pressley.

VAUGHN, Chief Judge.

We hold that the trial court was correct in concluding that Hubert Pressley, as tenant in common with Alaska Pressley, could not convey an easement for a right-of-way to petitioner which would bind Alaska Pressley, where she did not join in the conveyance. We therefore affirm.

A tenancy in common is characterized by a single essential unity, that of possession, or the right to possession of the common property. Lockleair v. Martin,...

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