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JONES v. MILES

No. COA07-109.

658 S.E.2d 23 (2008)

Robert H. JONES and Emily J. Jones, Plaintiffs-Appellants, v. Mary Lee MILES, Defendant-Appellee.

Court of Appeals of North Carolina.

March 18, 2008.

Attorney(s) appearing for the Case

Dungan & Associates, P.A., by Robert Dungan, Asheville, for Plaintiffs-Appellants.

Roberts & Stevens, P.A., by F. Lachicotte Zemp, Jr. and Ann-Patton Nelson, Asheville, for Defendant-Appellee.

McGEE, Judge.

Roy Donald Morgan (Mr. Morgan) built a house on a tract of land (the Jones tract) in Henderson County in 1965. When Mr. Morgan built the house, he also installed a driveway and decorative shrubbery near what he believed was the western border of the property. Mr. Morgan believed the driveway and shrubbery were on his property based on a land survey prepared around 1964 or 1965. While living on the Jones tract, Mr. Morgan maintained the shrubbery by mulching...

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