HARRY v. CRESCENT RESOURCES, INC.

No. COA98-1598.

523 S.E.2d 118 (1999)

David L. HARRY, Jr. and wife, Mary C. Harry, Plaintiffs, v. CRESCENT RESOURCES, INC., Defendant, and Timothy G. Kornegay, Additional Defendant.

Court of Appeals of North Carolina.

December 21, 1999.


Attorney(s) appearing for the Case

The Tryon Legal Group, by Jerry Alan Reese, Charlotte, for plaintiff appellants.

Robinson, Bradshaw & Hinson, P.A., by Robert C. Sink, Charlotte, for Crescent Resources, Inc., defendant appellee.

Rayburn, Moon & Smith, P.A., by James B. Gatehouse and Tricia L. Rolewicz, Charlotte, for Timothy G. Kornegay additional defendant appellee.


HORTON, Judge.

Plaintiffs contend that they have a property right in the nature of "a negative appurtenant easement limiting the use of the Remnant Parcels to undeveloped open space" because their deeds, and those of their predecessors in title, describe their property with reference to the subdivision plat on which the four remnant parcels appear as open undeveloped space. We disagree, and affirm the judgment of the trial court.

An appurtenant easement is...

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