Owens v. Camfield

Tom Glaze, Judge.

This appeal is from a chancery court decision which excepted two lots owned by appellees from a covenant restriction which limited the use of the lots for residential purposes only. The appellants own lots in the same subdivision in which appellees’ two lots are located and appellants affirmatively plead at the trial below that the appellees were not entitled to have the convenant restriction cancelled. Appellants contend on appeal that the Chancellor erred in: (1) imposing the wrong legal standard for determining when a restrictive convenant should be removed, and (2) that…