§ 156-23. Easement of drainage surrendered. - North Carolina Statutes

§ 156‑23.  Easementof drainage surrendered.

If any persons, or those claiming through or under them, who have cutany ditch or canal into which any other person has been permitted to drain landunder any proceeding authorized in this Subchapter, shall desire to surrendertheir easement or right in such ditch or canal and be discharged from anyjudgment rendered and existing under such proceedings, such persons may onmotion have such proceeding reinstated for hearing and file a petition thereinsetting forth such fact or any other grounds for relief thereunder, and uponproof satisfactory to the court that such petitioners have cut another ditch orcanal which drains their lands formerly drained by the first ditch or canal,and have abandoned the use of it for any purpose of drainage, the court shalladjudge the easement or right of the petitioners surrendered and determined,and from that time the petitioners and their land shall forever be dischargedand released from the judgment heretofore rendered in such former proceedings:Provided, however, that all parties then having an easement or right in suchditch or canal shall be served with notice of such petition 20 days before thehearing thereof. (1887, c. 222, s.3; Rev., s. 4027; C.S., s. 5281.)