Stegall v. Robinson

EAGLES, Judge.

The dispositive question presented here is whether defendants had record notice of restrictive covenants governing a subdivision, where the covenants were not recorded as part of the subdivision plat but were recorded with the first conveyance out of lots in the subdivision. Relying on Reed v. Elmore, 246 N.C. 221, 98 S.E. 2d 360 (1957), we hold that they did have record notice and therefore that the trial court properly entered summary judgment against them.

I

The parties own lots in Blocks B and C of the Boulevard Heights Subdivision, which was laid out in a plat filed by their…