1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 707 S.E.2d
  5. 707 S.E.2d 658 (2011)
 

DEANS v. MANSFIELD

No. COA10-398.

707 S.E.2d 658 (2011)

Thomas S. DEANS and wife Yvonne G. Deans, Plaintiffs, v. Linda Simmons MANSFIELD, Johnny DiPiazza, Peter C. Mace, Joanne F. Mace, Hayek Farms, LLC, Jonathan C. Hescock, Patricia N. Hescock, Grande Pines Homeowners' Association, Inc., James A. Jones, Elizabeth B. Jones, MNM Land, LLC, Marc Massaux, Scott F. Brewton, Sonja R. Brewton, Ronald Wall, Barbara Wall, Dirck Andrew Yow, Mary Elizabeth Yow, Grande Pines, LLC, Defendants.

Court of Appeals of North Carolina.

March 1, 2011.

Attorney(s) appearing for the Case

Law Office of Marsh Smith, P.A., Southern Pines, by Marsh Smith , for plaintiff-appellants.

Nexsen Pruet, PLLC, by Brian T. Pearce , Greensboro, for defendant-appellees Linda Simmons Mansfield, Scott F. Brewton, and Sonja R. Brewton.

Foyles Law Firm, PLLC, by Jody Stuart Foyles , Pinehurst, for defendant-appellees Ronald Wall and Barbara Wall.

Doster, Post, Silverman & Foushee, P.A., by Jonathan Silverman , Sanford, defendant-appellees Peter C. Mace, Grande Pines, LLC, Grande Pines Homeowners' Association, Inc., James A. Jones and Elizabeth Jones.

STEELMAN, Judge.

Where evidence presented at the summary judgment hearing revealed that there was a genuine issue of material fact as to whether a prescriptive easement had been established in 1972 over the property of defendants, the trial court erred in granting summary judgment in favor of defendants.

I. Factual and Procedural Background

This action concerns a dispute regarding the use of a soil road leading from plaintiffs' property to...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases