TEDDER v. ALFORD

No. COA97-2.

493 S.E.2d 487 (1997)

David A. TEDDER and wife, Amy L. Tedder, and A & D Environmental and Industrial Services, Inc., Plaintiffs-Appellants, v. Edgar V. ALFORD and wife, Nancy W. Alford and Ross P. Alford and wife, April H. Alford, and Alford Truck Leasing, Inc., (Successor by merger to Alford Furniture Carriers, Inc.), and Glenola Fence Company, Defendants-Appellees.

Court of Appeals of North Carolina.

December 2, 1997.


Attorney(s) appearing for the Case

Max D. Ballinger, Greensboro, for plaintiffs-appellants.

Hammond & Hammond by L.T. Hammond, Jr., Asheboro, for defendants.


WYNN, Judge.

After conveying property to David and Amy Tedder, a dispute arose as to whether Edgar and Nancy Alford had further conveyed an easement over the adjoining property for use by the Tedders. Because the deed did not meet the requirements of the Statute of Frauds in conveying an easement, the evidence was insufficient to show that an easement by implication and necessity existed; and, because the evidence was also insufficient to show that the Alfords put...

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