YOUNG v. LICA

No. COA02-652.

576 S.E.2d 421 (2003)

Lanning YOUNG and wife, Charlene Young, Plaintiffs v. Michael B. LICA and wife, Cheryl J. Lica, Barry A. Imler and wife, Delores Imler, Defendants.

Court of Appeals of North Carolina.

March 4, 2003.


Attorney(s) appearing for the Case

Gary E. Kirby, Sylva, for plaintiffs-appellants.

William C. Morris, Jr., Asheville, for defendants-appellees.


TYSON, Judge.

I. Background

Lanning Young and wife, Charlene, ("plaintiffs") own property located between State Highway 107 ("highway") and Shoal Creek in Jackson County. In 1997, Michael B. Lica and wife, Cheryl, and Barry A. Imler and wife, Delores, ("defendants") acquired property across Shoal Creek adjoining plaintiffs' property and an easement across plaintiffs' land to the highway. Defendant's deed described the easement as:

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