Pepper v. West End Development Co.
Pepper v. West End Development Co.
Opinion of the Court
Whatever may be said with respect to the application of the other conditions, restrictions, and covenants contained in the deed
The evidence offered by the plaintiff for the purpose of showing that the defendant had agreed with Erancis Pepper, 'before the execution of its deed to him, as an inducement to him to purchase the lot described in his deed, that it would include in its deeds for lots located and included within West Highlands, Ho. 3, the identical negative restrictive covenant as that contained in his deed, with respect to the cost of residences which might be erected on said lots, was properly excluded by the court.
A building restriction is a negative easement, and cannot be shown by parol. It is within the statute of frauds. Davis v. Robinson, 189 N. C., 589, 127 S. E., 697.
There is no error in the judgment dismissing this action as of nonsuit. The evidence for the plaintiff failed to show that the defendant, when it conveyed the lot now owned by the plaintiff, covenanted, expressly or by implication, with its grantee, his heirs and assigns, that it would include in all deeds which it might subsequently execute, conveying lots located and included within West Highlands, Ho. 3, a covenant for the benefit of its said grantee, his heirs and assigns, with respect to the minimum cost of residences which might be erected on said lots. For this reason, the judgment is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.