HAWTHORNE v. REALTY SYNDICATE, INC.

No. 7826SC1106.

259 S.E.2d 591 (1979)

43 N.C. App. 436

Thomas J. HAWTHORNE, and wife Charlotte M. Hawthorne, Jerome Milton, and wife Mary Sue Mock Milton, C. Carl Warren, Jr., and wife Josephine L. Warren v. REALTY SYNDICATE, INC., Marsh Realty Company, and Marsh Foundation, Inc.

Court of Appeals of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Ruff, Bond, Cobb, Wade & McNair by Hamlin L. Wade, Charlotte, for plaintiffs-appellants.

Helms, Mulliss & Johnston by Fred B. Helms and Robert B. Cordle, Charlotte, for defendants-appellees.


ERWIN, Judge.

Defendants' contention that plaintiffs' action is barred by the applicable statute of limitations is without merit. Plaintiffs filed suit to enforce a restrictive covenant. A restrictive covenant is a servitude, commonly referred to as a negative easement, Craven County v. Trust Co., 237 N.C. 502, 75 S.E.2d 620 (1953), and an easement is an incorporeal hereditament. Davis v...

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