Gates v. Chicago Title Insurance Co.

GAITAN, Judge,

dissenting.

I must respectfully dissent. I believe the term “right of access” must be given a reasonable, rather than a strict, construction when the right of access does not provide a reasonable access under the circumstances of the intended use of the property. This is tantamount to no access or a denial of “legal access.” See Marriott Financial Services, Inc. v. Capitol Funds, Inc., 288 N.C. 122, 217 S.E.2d 551, 565 (1975).