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BARBOUR v. PATE

No. COA13-227.

748 S.E.2d 14 (2013)

Susan Sanders BARBOUR, Stewart 1996 Family Limited Partnership, Neuse Tree Farm, LLC, and E. Wayne Stewart, Trustee of the Velma H. Stewart Irrevocable Trust, Plaintiffs v. Jane Harris PATE, and husband Prayson W. Pate; Mae O. (Parker) Boles, and Phyllis Parker Mastrocola, single; Defendants.

Court of Appeals of North Carolina.

August 20, 2013.

Attorney(s) appearing for the Case

Thomas S. Berkau, P.A., by Thomas S. Berkau , and Spence & Spence, P.A., by Robert A. Spence, Jr. , for plaintiff-appellants.

Smith Debnam Narron Drake Saintsing & Myers, L.L.P., by John W. Narron and W. Thurston Debnam, Jr. , for defendant-appellees.

CALABRIA, Judge.

Susan Sanders Barbour ("Barbour"), Stewart 1996 Family Limited Partnership, Neuse Tree Farm, LLC, and E. Wayne Stewart, Trustee of the Velma H. Stewart Irrevocable Trust (collectively "plaintiffs") appeal from the final judgment of the trial court. The trial court's judgment granted plaintiffs easements implied by prior use and by necessity, but limited the scope of their uses, and additionally denied plaintiffs...

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