Property Keyed to Rabin
Runyon v. Paley
In May of 1937,Ruth Bragg Gaskins acquired a property that had a lake to the west and Pamlico Sound on the east. In 1954, she conveyed part of her property to the Runyons (Plaintiffs). In 1960Plaintiffs conveyed back the land. Two days later, Gaskins conveyed the remaining unconveyed land to the Brughs and a small lake front property to plaintiffs. The final conveyance stated that the land shall not be used for business, manufacturing, commercial or apartment house purposes and that no more than two homes should exist on the conveyed land. Gaskins then erected her own home across the street from the conveyed property and lived there until she died. Gaskins’ property was then inherited by her daughter, Williams (Plaintiff). Later the Brughs conveyed their property to the Paleys (Defendants), who then began to construct condominiums.Plaintiffsbrought suit to enjoin Defendants from violating the restrictive covenant. The trial court dismissed the case for failure to state a claim. The court of appeals affirmed on the grounds that the covenants were personal to Gaskins and unenforceable upon her death.
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