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SLEEPY CREEK CLUB, INC. v. LAWRENCE

No. 768SC10.

225 S.E.2d 167 (1976)

29 N.C. App. 547

SLEEPY CREEK CLUB, INC., et al. v. Willard E. LAWRENCE et al.

Court of Appeals of North Carolina.

June 2, 1976.

Attorney(s) appearing for the Case

Kornegay, Bruce & Rice, P.A., by R. Michael Bruce, Mt. Olive, for plaintiffs-appellants.

John W. Dees, Dees, Dees, Smith, Powell & Jarrett, Goldsboro, for defendants-appellees.

VAUGHN, Judge.

The Lawrences' grantors (Sedberrys) placed the restrictive covenant in the deed. The restriction had not been in the chain of title prior to the conveyance to the Lawrences. The servitude imposed by the restrictive covenant is a species of incorporeal right. When the Sedberrys impressed the servitude created by the restrictive covenants they thereby conveyed less than an unencumbered fee. A negative easement is a vested property right. The Sedberrys...

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