Barfield v. Matos

STROUD, Judge.

Third-party defendant appellees, the McManuses, argue that this case arises from “two unintentional errors” made “by four honest men: namely, McManus and his surveyor and Matos and his attorney.” As a result of these unintentional errors, defendant/third-party plaintiff Eliezer Marty Matos (“Matos”) purchased land which was subject to restrictive covenants without realizing that the land was restricted. This is the unavoidable result of the rule established by Reed v. Elmore, 246 N.C. 221, 98 S.E.2d 360 (1957) which has been criticized by courts and commentators alike, but our…