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McFADYEN v. OLIVE

No. 8711SC828

366 S.E.2d 544 (1988)

89 N.C. App. 545

George A. McFADYEN, II and wife, Carey O. McFadyen v. Jody OLIVE and Olive Farms, Inc.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

W. Richard Moore, Smithfield, for plaintiffs-appellees.

Narron, O'Hale, Whittington and Woodruff by James W. Narron; and Wilkins and Wellons by Charles P. Wilkins, Smithfield, for defendants-appellants.

ARNOLD, Judge.

Defendants' sole contention is that the trial court erred in granting plaintiffs' motion for summary judgment. Defendants argue that there is a genuine issue of material fact as to the existence of an easement implied from prior use across the McFadyen property. We agree.

An easement implied from prior use is generally established by proof: (1) that there was common ownership of the dominant and servient parcels and a transfer which separates...

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