Franzle v. Waters

MORRIS, Judge.

The primary question for our determination is whether the construction of the proposed roadway over Lot No. 59 is violative of the restrictive covenants governing lots in Mountainbrook Subdivision No. 1.

The general principles governing construction of restrictive covenants in this State were well summarized by Sharp, Justice, in Long v. Branham, 271 N.C. 264, 268, 156 S.E. 2d 235 (1967), as follows:

“In construing restrictive covenants, the fundamental rule is that the intention of the parties governs, and' that their intention must be gathered from study and consideration of all…