WATERS v. NORTH CAROLINA PHOSPHATE CORP.

No. 182PA83.

312 S.E.2d 428 (1984)

310 N.C. 438

Paul R. WATERS and wife, Alma M. Waters, and Wachovia Bank and Trust Company, N.A., Trustee Under the Will of James A. Tingle, Deceased v. NORTH CAROLINA PHOSPHATE CORPORATION, David B. Alleman and wife, Ruth G. Alleman and Elizabeth Keys Alleman Wheeler (Divorced).

Supreme Court of North Carolina.

March 6, 1984.


Attorney(s) appearing for the Case

Gaylord, Singleton, McNally & Strickland by Louis W. Gaylord, Jr. and Danny D. McNally, Greenville, for plaintiffs-appellants.

Sumrell, Sugg & Carmichael by Fred M. Carmichael and Rudolph A. Ashton III, New Bern, for North Carolina Phosphate Corp., defendant-appellee.


MARTIN, Justice.

At the outset, we note that care must be taken to distinguish the doctrine of apparent and visible easements from the rule of conveyances of real property containing physical burdens upon the land, permanent in character and known to the vendee.

The doctrine of apparent and visible easements is a method used to create easements. Easements can be created in at least nine ways, including the use of...

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