Mr. Pitcock testified that he never made any effort to improve or change the drive over which he travelled. While performing maintenance or repair work to a road is not the sole way to give the true landowner notice of adverse use, the only evidence plaintiffs offered to show that defendants had notice of plaintiffs' alleged adverse use of the drive was Mr. Pitcock's testimony that defendants harassed him for one month in the fall of 1990 and then had him arrested for trespassing. This evidence fails to show that plaintiffs and their predecessors made any adverse use of the drive for the required twenty year period. The remainder of plaintiffs' evidence showed that plaintiffs and their predecessors only used the drive as a means of ingress and egress. Accordingly, we conclude that the trial court erred in denying defendants' motion for directed verdict at the close of plaintiffs' evidence because there was no evidence to show that plaintiffs' use of the drive was adverse, hostile, or under claim of right for the required twenty year period.
Defendants also contend the trial court erred by entering judgment upon an inconsistent verdict.
Defendants argue that the jury's verdict is inconsistent because the trial court instructed the jury that defendants were entitled to recover damages only if they proved that plaintiffs trespassed upon their property and the jury's verdict was that there was no trespass. Although defendants have technically waived this argument by failing to move for a new trial in the trial court, N.C. R. App. It is error to enter judgment upon an inconsistent verdict. The jury having answered the issue of trespass in favor of plaintiffs, it follows that defendants were not entitled to recover damages, and the jury's answer to Issue 3 awarding damages must be stricken. Reversed in part, vacated in part, and remanded for entry of judgment in accordance with the opinion.