KNOX v. SCOTT

No. 8226SC798.

303 S.E.2d 422 (1983)

Margaret L. KNOX v. David Leonard SCOTT and wife, Brenda Thomas Scott.

Court of Appeals of North Carolina.

June 21, 1983.


Attorney(s) appearing for the Case

Curtis, Millsaps & Chesson by Cecil M. Curtis, Charlotte, for plaintiff-appellee.

Kennedy, Covington, Lobdell & Hickman by F. Fincher Jarrell, Charlotte, for defendants-appellants.


WHICHARD, Judge.

Defendants assign error to the conclusion that the second level of their structure was a building which was not permitted under the restrictions, contending that it is not supported by the findings of fact. For reasons which follow, we hold the conclusion erroneous.

The guiding principle in the construction of restrictive covenants is as follows:

While the intentions of the parties to restrictive covenants ordinarily control the construction...

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