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SHEAR v. STEVENS BLDG. CO.

No. 9110SC666.

418 S.E.2d 841 (1992)

Theodore H. SHEAR and Francine Durso, Tenants by Entirety; Kevin and Elizabeth Piacenza, Tenants by Entirety, Albert and Christine Benshoff, Tenants by Entirety; and Timothy and Karen Hughes, Tenants by Entirety, Plaintiffs, v. STEVENS BUILDING COMPANY, a N.C. Corporation, Stevens Building Company, a N.C. General Partnership, Helen S. Denning, Ina S. Carter, Geneva S. Massengill, Donald A. Stevens, Octavia S. Rivenbark, Norma S. Wilson, Katherine S. Ward, William E. Stevens, Jerry H. Stevens, and Helen G. Stevens, Defendants.

Court of Appeals of North Carolina.

August 4, 1992.

Attorney(s) appearing for the Case

Poyner & Spruill by H. Glenn Dunn and Timothy P. Sullivan, Raleigh, for plaintiffs-appellees and cross-appellants.

Smith, Debnam, Hibbert & Pahl by John W. Narron and Vickie Winn Martin, Raleigh, for defendants-appellants and cross-appellees.

WELLS, Judge.

Through their various assignments of error, plaintiffs and defendants argue that the trial court erred in declaring that Cardinal Hills landowners have an appurtenant easement to the lake, that the parties equally share the cost of maintaining the lake and that defendants may develop a portion of the undeveloped property surrounding the lake. We hold that an appurtenant easement by implied dedication was created...

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