Sheets v. Dillon
Supreme Court of North Carolina
1Opinion of the CourtEarNHill, J.
Tbe servitude imposed by restrictive covenants is a species of incorporeal right. It restrains the owner of the servient estate from making certain use of his property. Turner v. Glenn, 220 N. C., 620, and cases cited; 14 Am. Jur., 608-09. Such right or interest reserved in a conveyance will be effective as against all who deraign title through the grantee, although the reservation is not expressed in subsequent deeds. 16 Am. Jur., 611.
The courts have generally sustained covenants restricting the use of property where reasonable, not contrary to public policy, not in restraint of trade and…
2Cases cited4 opinions
- Turner v. . GlennSupreme Court of North Carolina · 1942
- Brenizer v. . StephensSupreme Court of North Carolina · 1941
- Elrod v. . PhillipsSupreme Court of North Carolina · 1938
- Elrod v. PhillipsSupreme Court of North Carolina · 1938
3Cited by39 opinions
- Runyon v. PaleySupreme Court of North Carolina · 1992
- Hege v. SellersSupreme Court of North Carolina · 1954
- Higdon v. JaffaSupreme Court of North Carolina · 1949
- Stegall v. Housing Authority of the City of CharlotteSupreme Court of North Carolina · 1971
- Cleveland Realty Company v. HobbsSupreme Court of North Carolina · 1964
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