Mason v. Andersen

ARNOLD, Judge.

The question presented by this appeal is whether the language in the Masons’ deed, “This deed is delivered and accepted subject to those restrictions which are recorded in Book 174, at page 256, Orange County Registry,” purports to convey an easement to plaintiffs. Plaintiffs argue that an easement is conveyed and that defendants have broken their covenant of seisin because they failed to convey the full estate described in the deed. We disagree with plaintiffs and affirm summary judgment for defendants.

G.S. 1A-1, Rule 56(c) provides:

“ . . . The judgment sought shall be rendered…