North Carolina National Bank v. Morris

HILL, Judge.

Plaintiffs assert that the reservation of a fifteen foot driveway easement along the boundary of the lot sold by defendants Morris and Vincent and their wives to the defendants Miffleton constitutes a subdivision of the lot and violates the restrictive covenants and reservations placed in prior deeds in the chain of title concerning the usage to which the land could be put.

In construing restrictive covenants, the fundamental rule is that their intention must be gathered from study and consideration of all covenants contained in the instrument or instruments creating the…