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VANDERVOORT v. McKENZIE

No. 9329SC1154.

450 S.E.2d 491 (1994)

Dale G. VANDERVOORT, Plaintiff, v. Cameron McKENZIE, Defendant.

Court of Appeals of North Carolina.

December 6, 1994.

Attorney(s) appearing for the Case

Dungan & Mraz by James M. Lloyd, Michael E. Smith, and Robert E. Dungan, Asheville, for defendant-appellant Cameron McKenzie.

Carnes and Franklin by Hugh J. Franklin, Marion, for plaintiff-appellee Dale G. Vandervoort.

EAGLES, Judge.

Appellant brings forward several assignments of error. After careful review, we affirm.

We begin by stating the elements necessary for a party to establish its right to a prescriptive easement. In establishing a prescriptive easement, the party must overcome the presumption that the party is on the owner's land with the owner's permission. Johnson v. Stanley, 96 N.C. App. 72, 73, 384 S.E.2d 577, 579...

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