BLACK HORSE RUN PROP. OWNERS ASSOCIATION-RALEIGH, INC. v. Kaleel

MARTIN, Judge.

The basic issue raised by this appeal is whether the Kaleels’ radio towers are “structures” within the meaning of the restrictive covenants, so that approval by plaintiff’s Architectural Control Committee was required prior to their erection. We hold that they are and affirm the trial court’s judgment.

Restrictive covenants are not generally favored in the law; any ambiguities in the restrictions are to be resolved in favor of the free and unrestricted use of the land. Hobby & Son v. Family Homes, 302 N.C. 64, 274 S.E. 2d 174 (1981). Nevertheless, such covenants must be…