Beech Mountain Property Owners' Ass'n v. Current

HEDRICK, Judge.

The substantive question raised on this appeal is whether the restrictions referred to above are enforceable. However, it is elementary that the substantive issues cannot be considered unless the party raising them has the capacity to do so. Bailey v. Light Co., 212 N.C. 768, 195 S.E. 64 (1938). Thus, the defendants’ challenge to the plaintiff’s standing to assert the claims herein demands our immediate attention.

Our Supreme Court has recognized on numerous occasions the general rule that “[a] restriction which is merely a personal covenant with the grantor does not run with…