84 N.C. App. 527 - Perry v. Williams’s Empirical Analysis

Citation profile

17 state decisions

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 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(1) that the use is adverse, hostile or under claim of right; (2) that the use has been open and notorious such that the true owner had notice of the claim; (3) that the use has been continuous and uninterrupted for a period of at least twenty years; and (4) that there is substantial identity of the easement claimed throughout the twenty year period.”

   3 later decisions quote this exact passage
   e.g. 178 N.C. App. 500 - Koenig v. Town of Kure Beach · 89 N.C. App. 83 - Delk v. Hill

2. “To establish that a use is 'hostile' rather than permissive, it is not necessary to show that there was a heated controversy, or a manifestation of ill will, or that the claimant was in any sense an enemy of the owner of the servient estate.”

   1 later decision quote this exact passage
   e.g. 247 N.C. App. 725 - Myers v. Clodfelter

3. “[a] 'hostile' use is simply a use of such nature and exercised under such circumstances as to manifest and give notice that the use is being made under a claim of right.”

   1 later decision quote this exact passage
   e.g. 247 N.C. App. 725 - Myers v. Clodfelter