BENSON v. PREVOST

No. COA19-962-2.

861 S.E.2d 343 (2021)

2021-NCCOA-208

William E. BENSON, III, and wife, Monique L. Ribando, Plaintiffs, v. R. Lee PREVOST, and wife Scharme S. Prevost, Defendants and Third-Party Plaintiffs, v. Michael S. Burnham, Daniel Smith, and wife, Denise B. Smith, Third-Party Defendants.

Court of Appeals of North Carolina.

Filed May 18, 2021.


Attorney(s) appearing for the Case

Fox Rothschild LLP, by Robert H. Edmunds, Jr. , Greensboro, and Elizabeth Brooks Scherer , Raleigh, and Law Offices of G. Grady Richardson, Jr., P.C., by G. Grady Richardson, Jr. , and Jennifer L. Carpenter , for Plaintiff.

Shipman & Wright, LLP, Wilmington, by Gary K. Shipman , for Defendants.

Block, Crouch, Keeter, Behm, & Sayed, LLP, Wilmington, by Auley M. Crouch, III , for Third-Party Defendants.


I. Background

¶ 1 This matter involves a real property dispute between next-door neighbors who own two lots within a three-lot subdivision originally developed by Third-Party Defendants (the "Developers"). The Developers developed three adjacent waterfront lots (Lots 1-3) at Wrightsville Beach, along with a dock extending...

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