DEPT. OF TRANSP. v. HAGGERTY

No. COA96-1303.

492 S.E.2d 770 (1997)

DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Richard C. HAGGERTY, Jr., Defendant. DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Marilyn A. McINTOSH, individually and as Custodian for Bonnie McIntosh and Betsy McIntosh; Bonnie McIntosh; Betsy McIntosh; and Alexander McIntosh, Defendants. DEPARTMENT OF TRANSPORTATION, Plaintiff, v. Howard Franklin WILLARD, Jr. and wife, Vivian Willard, Defendants. DEPARTMENT OF TRANSPORTATION, Plaintiff, v. William F. STEVENS and wife, Nancy J. Stevens; Eugene W. Purdom, Trustee; and Southern National Bank of North Carolina, Defendants.

Court of Appeals of North Carolina.

October 7, 1997.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General David R. Minges, for plaintiff-appellee.

Wyatt Early Harris & Wheeler, L.L.P. by Frank B. Wyatt and Stanley F. Hammer, High Point, for defendants-appellants.


EAGLES, Judge.

The only issue here is whether unrecorded maps and surveys which fail to show a subdivision of land support an offer of dedication in favor of the State of North Carolina. Defendants argue that an unrecorded survey or map, which does not reflect a subdivision of land, may not form the basis of a dedication to a state or agency. They argue that the plat or map must be recorded before a dedication becomes effective and that the landowner must have intended...

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