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GOODROW v. CURTIS E. MARTIN, INC.

No. 6910SC16.

170 S.E.2d 506 (1969)

6 N.C. App. 599

Theresa E. GOODROW v. CURTIS E. MARTIN, INC.

Court of Appeals of North Carolina.

November 19, 1969.

Attorney(s) appearing for the Case

Hollowell & Ragsdale, by William L. Ragsdale, Raleigh for plaintiff appellant.

Rose & Thorp, by Charles G. Rose, Jr., Fayetteville, for defendant appellee.

FRANK M. PARKER, Judge.

A restrictive covenant creates a negative easement constituting an interest in land. 3 Strong, N. C. Index 2d, Deeds, § 19, p. 277. A restrictive covenant whereby the beneficial use of land by the owner is restricted is an encumbrance within the covenant against encumbrances. 7 Thompson on Real Property, 1962 Replacement, Covenants, Deeds, § 8133, p. 272. 20 Am. Jur.2d, Covenants, Conditions and Restrictions, § 90, p. 653.

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