The North Carolina Court of Appeals recently affirmed a lower court's decision granting Peggy P. Alston a prescriptive easement over property owned by Lloyd W. Jacox. This ruling, made on June 3, 2026, affects property access rights and clarifies the legal standards for establishing prescriptive easements in North Carolina.

The dispute centers around Alston's claim to use a pathway across Jacox's property to access her own land, known as the Alston Property. The ruling is significant as it highlights the legal criteria for claiming a prescriptive easement, which allows a person to use someone else's land under certain conditions, even without explicit permission.

Background

Peggy P. Alston, a resident of Alabama, owns five parcels of land in Franklin County, North Carolina. In 2018, Lloyd W. Jacox purchased a parcel of land adjacent to Alston's property. The only way to access Alston's land is through a pathway that crosses Jacox's property, which Alston claims as a prescriptive easement.

According to the court documents, Alston has used this pathway for many years, dating back to before her marriage in 1959. The pathway was utilized not only by Alston and her late husband but also by their forester and members of the Community Gun Club, who maintained the pathway under a lease agreement with Alston. The conflict arose when Jacox moved onto his property in 2023 and began blocking access to the pathway.

The Ruling

The Court of Appeals, led by Judge Jefferson Griffin, ruled in favor of Alston, affirming the lower court's decision that she is entitled to a prescriptive easement. The court determined that Alston's use of the pathway met all the necessary legal criteria for establishing such an easement.

“The findings of fact were binding on appeal, and those findings support the conclusions of law. Therefore, we affirm the trial court’s order and judgment,” the court stated.

The court emphasized that Alston's use of the pathway was open, notorious, and continuous for more than twenty years, which are essential elements required to establish a prescriptive easement. The ruling also noted that there was no evidence that Alston or her husband sought permission to use the pathway, reinforcing the claim of adverse use.

Impact

This ruling has significant implications for property rights in North Carolina. It clarifies the requirements for establishing a prescriptive easement, which can be crucial for landowners who rely on pathways or roads that cross neighboring properties. The court's decision reinforces the idea that long-standing use of a pathway can lead to legal rights, even in the absence of formal permission.

The ruling also serves as a reminder for property owners to be aware of how their land is used by others. If a pathway or road is regularly used by someone else, it may lead to claims of prescriptive easements, which could limit the property owner's ability to restrict access in the future.

What's Next

Jacox has the option to appeal the ruling to the North Carolina Supreme Court, but it is unclear if he will pursue this route. There are no related cases pending that directly connect to this ruling, but the outcome may influence future disputes over land access and property rights in North Carolina.