Supreme Court of North Carolina

Hinman v. Cornett

May 23, 2024

Summary

The Court held that the Cornetts presented sufficient evidence to create a genuine issue of material fact regarding hostile possession of the disputed tract. Their mistaken belief that they owned the land, permanent improvements, and testimony that no one demanded permission or complained could rebut the presumption that their use was permissive. The Court therefore affirmed the Court of Appeals' reversal of summary judgment and remanded for further proceedings.