149 N.C. App. 844 - Metts v. Turner’s Empirical Analysis
2002
Citation profile
14 state decisions
Relationships
Relies on Boudreau v. Baughman · Moore v. Fieldcrest Mills, Inc. · 122 N.C. App. 198 - Epps v. Duke University, Inc. · Thompson v. . Umberger · 36 N.C. App. 109 - Mosley v. National Finance Co., Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) there was a common ownership of the dominant and servient parcels of land and a subsequent transfer separated that ownership, (2) before the transfer, the owner used part of the tract for the benefit of the other part, and that this use was “apparent, continuous and permanent,” and (3) the claimed easement is “necessary” to the use and enjoyment of plaintiffs’ land.”
4 later decisions quote this exact passage“Where the forecast of evidence available demonstrates that a party will not be able to make out at least a prima facie case at trial, no genuine issue of material fact exists and summary judgment is appropriate.”
2 later decisions quote this exact passage“[A]n easement from prior use may be implied to protect the probable expectations of the grantor and grantee that an existing use of part of the land would continue after the transfer.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.