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WAR EAGLE, INC. v. BELAIR

No. COA09-1516.

694 S.E.2d 497 (2010)

WAR EAGLE, INC., Plaintiff, v. William G. BELAIR, and wife, Emma M. Belair, Defendants.

Court of Appeals of North Carolina.

June 15, 2010.

Attorney(s) appearing for the Case

Morrow Alexander Porter & Whitley, PLLC, by John C. Vermitsky and John F. Morrow, Winston-Salem, for plaintiff-appellant.

Stacy L. Williams, Mooresville, for defendants-appellees.

WYNN, Judge.

A plaintiff's prior knowledge of an encumbrance does not defeat his claim to recover for breach of the covenant against encumbrances contained in a warranty deed.1 In the present case, the trial court ruled that Plaintiff-grantee could not recover from Defendants-grantors because it had prior knowledge of the violation of a riparian buffer zone on the property. We hold that the trial court erred in granting summary judgment...

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