Stanley v. Laughter

In Stanley v. Laughter, 162 N.C. App. 322, 327, 590 S.E.2d 429, 433 (2004) the Court stated that "where the dedication is created by the sale of lots with reference to a plat showing streets, parks, or alleyways, each purchaser has the right to have any that are not opened kept in such manner that they are free to be opened to their full length and width." In Stanley, the defendant acquired a sixty foot easement by plat dedication. A thirty foot road occupied half the width of the sixty foot easement. When the defendant purchased his land, he could not access the easement or the road because a thick covering of trees and shrubs blocked his way. He removed the trees and shrubs within the easement that prevented him from accessing the road. His neighbor, the plaintiff, sued. The Court held that the "defendant was entitled to use the entire sixty-foot wide easement, and therefore he was free to remove the trees and shrubs, open the easement, and use it for its intended purpose of ingress, egress, and regress from his . . . tract." Id. at 328, 590 S.E.2d at 433.