Donaldson v. Shearin

I would affirm the trial court’s dissolution of the preliminary injunction and denial of the permanent injunction. “[Restrictive servitudes are in derogation of the free and unfettered use of land.” Callaham v. Arenson, 239 N.C. 619, 625, 80 S.E.2d 619, 624 (1954); see also, Ingle v. Stubbins, 240 N.C. 382, 82 S.E. 2d 388 (1954); 1 Patrick K. Hetrick & James B. McLaughlin, Jr., Webster’s Real Estate Law in North Carolina § 18-6, at 840 (5th ed. 1999).

The covenants and agreements which impose such restrictions must be “strictly construed against limitation on use.” Callaham at 625, 80 S.E.2d…