Crabtree v. Jones

McCRODDEN, Judge.

The issue underlying the trial court’s grant of summary judgment is whether the restrictive covenant agreement on the subject property is enforceable inter se, i.e., whether one lot owner may enforce it as against another lot owner.

Plaintiff and defendant own houses in the residential development known as Carmel Estates East in Charlotte, North Carolina. The parties’ lots are two of 47 in that subdivision which are subject to a restrictive covenant agreement recorded on 13 March 1962 (the Agreement). The Agreement provides, among other things:

1. All lots shall be used for…