Volume 152 — North Carolina Court of Appeals Reports

<p>1. Appeal and Error; Easements— appealability — servient holder blocking dominant use — denial of preliminary injunction</p> <p>An appeal from the denial of a preliminary injunction was dismissed as interlocutory where plaintiffs held an easement across defendants’ property for a driveway, defendants built a new driveway without plaintiffs’ consent, and plaintiffs sought to prevent the blocking of the original driveway. There is no per se deprivation of a substantial right where the servient estate holder obstructs an easement and it cannot be concluded that these plaintiffs will be irreparably injured pending a determination of the merits.</p> <p>2. Appeal and Error— appealability — pretrial order — applicable law</p> <p>An appeal from a pretrial order that the law to be applied upon the trial of an easement dispute was the Restatement of Property was premature where defendants raised defenses that could bar plaintiffs’ claim.</p>