Gregory v. Floyd

JOHNSON, Judge.

This is an action brought by plaintiff homeowners in a subdivision in response to plans by the original owner of the entire subdivision to sell off the remaining portions of the land, in particular, a portion believed to be a “common area,” identified on the recorded plat as “BEACH.”

The facts of this appeal are as follows: On 14 October 1970, E. V. Floyd (now deceased) and wife, defendant Anna F. Floyd, had a survey prepared and recorded with the Registrar of Deeds in Hyde County of a subdivision of certain lands owned by them as tenants by the entirety. This subdivision map…