Starkey v. Gardner

BkogdeN,' J.

The question is this: Under what circumstances are restrictive covenants in deeds for property, originally devoted to residential purposes, rendered unenforceable?

There is no allegation in the complaint and no finding of fact by the trial judge that the Haywood Road property was the result of a general *77plan or scheme other than tbe fact that tbe original deeds contained restrictions as set out in tbe deeds of tbe plaintiffs and tbe defendant.

Tbe question of restrictive covenants in deeds covering property designed for residential purposes exclusively is becoming more and more an…