SWAIM v. SIMPSON

No. COA94-1205.

463 S.E.2d 785 (1995)

Rickey A. SWAIM v. Elmer Larry SIMPSON and wife, Joan K. Simpson.

Court of Appeals of North Carolina.

November 21, 1995.


Attorney(s) appearing for the Case

Morrow, Alexander, Tash & Long by C.R. "Skip" Long, Jr., Winston-Salem, for defendant-appellants.

Shore Hudspeth & Harding, P.A. by N. Lawrence Hudspeth, III, and Douglas P. Mayo, Yadkinville, for plaintiff-appellee.


ARNOLD, Chief Judge.

Defendants argue that the trial court erred by increasing the extent and scope of the easement. They maintain that "[n]o language exists in any of the deeds of record which suggest that the scope of easement was anything other than an access easement to and from the state road." Conversely, plaintiff argues that the grantors clearly "intended to provide the owners ... with an easement sufficient to maintain a residence, which would logically include...

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