"When the conclusions of law are unsupported by determinative facts, the case must be remanded to the trial court for further findings." Curd v. Winecoff, 88 N.C.App. 720, 722, 364 S.E.2d 730, 732 (1988). ¶ 11 "The general rule is that in making findings of fact, the trial court is required only to make brief, pertinent and definite findings and conclusions about the matters in issue."
"Once these elements are established, `an "easement from prior use" may be implied to "protect the probable expectations of the grantor and the grantee that an existing use of part of the land would continue after the transfer."'" Id. at 33, 493 S.E.2d at 490 (emphasis added) (quoting Curd v. Winecoff 88 N.C. App. 720, 724, 364 S.E.2d 730, 732 (1988)). Although it is unclear whether the common ownership element has been met, we need not address that issue because defendants have failed to forecast evidence sufficient to establish the latter two elements of an easement implied by prior use.
To prove adverse possession, defendants must show "actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period (seven years or twenty years) under known and visible lines and boundaries." Merrick v. Peterson, 143 N.C. App. 656, 663, 548 S.E.2d 171, 176, disc. rev. denied, 354 N.C. 364, 556 S.E.2d 572 (2001) (citing Curd v. Winecoff, 88 N.C. App. 720, 364 S.E.2d 730 (1988)). A. Actual, Open, and Continuous
Rule 52(a) (1) does not require recitation of evidentiary facts, but it does require specific findings on the ultimate facts established by the evidence, admissions and stipulations which are determinative of the questions involved in the action and essential to support the conclusions of law reached. Curd v. Winecoff, 88 N.C. App. 720, 722, 364 S.E.2d 730, (1988) (citation omitted). "Where the trial court sits as trier of facts, the trial court must (1) find the facts on all issues joined in the pleadings, (2) declare the conclusions of law arising on the facts found, and (3) enter judgment accordingly."
Both of these theories of ownership require a minimum period of adverse possession. To acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for the prescriptive period (seven years or twenty years) under known and visible lines and boundaries. Curd v. Winecoff, 88 N.C. App. 720, 364 S.E.2d 730 (1988); N.C. Gen. Stat. § 1-38 (1999); N.C. Gen. Stat. § 1-40 (1999). Successive adverse users in privity with prior adverse users can tack successive adverse possessions of land so as to aggregate the prescriptive period (twenty years or seven years).
(3) the claimed easement is 'necessary' to the use and enjoyment of the claimant's land. Curd v. Winecoff, 88 N.C.App. 720, 723, 364 S.E.2d 730, 732 (1988)(quoting Knott v. Washington Housing Authority, 70 N.C.App. 95, 98, 318 S.E.2d 861, 863 (1984)). Once these elements are established, "[a]n 'easement from prior use' may be implied to 'protect the probable expectations of the grantor and the grantee that an existing use of part of the land would continue after the transfer.' "
In re Montgomery, 311 N.C. 101, 110-111, 316 S.E.2d 246, 252-253 (1984). In order to acquire title to land through adverse possession, a party must show actual, open, hostile, exclusive and continuous possession of the land claimed for twenty years under known and visible boundaries. Curd v. Winecoff, 88 N.C. App. 720, 722, 364 S.E.2d 730, 732 (1988). The trial court made the following extensive findings: (1) that the Wetheringtons had actual, exclusive and continuous possession for the statutory period; (2) that the Wetheringtons had exercised dominion over the premises and "generally engaged in activities consistent with the ownership of a rural home site;" and (3) that they had obtained three separate loans which were secured by deeds of trust on the residence tract.
[3] Next, plaintiffs contend their motion for a directed verdict should have been granted as to defendant's claim to title by more than twenty years of adverse possession and as to defendant's claim that he acquired title by seven years of adverse possession under color of title. To acquire title to land by adverse possession, the claimant must show actual, open, hostile, exclusive, and continuous possession of the land claimed for twenty years under known and visible lines and boundaries. Curd v. Winecoff, 88 N.C. App. 720, 722, 364 S.E.2d 730, 732 (1988); N.C. Gen. Stat. § 1-40 (1983). Successive adverse users in privity with prior adverse users can tack successive adverse possessions of land so as to aggregate the prescriptive period of twenty years.
A trial court's conclusions of law must be supported by the determinative facts as found by the trial court. See Curd v. Winecoff, 88 N.C. App. 720, 364 S.E.2d 730 (1988). The conclusions of law must in turn support the judgment as rendered by the trial court.