Ivey v. Blythe

Brogden, J.

In Davis v. Robinson, 189 N. C., 589 , this Court held, upon the facts presented in that case, that Piedmont Park was not the result of a general plan or scheme of development of an exclusive residential community.

Justice Varser, delivering the opinion of the Court, said: “Land is becoming more and more an object of daily commerce, and its uses are changing with the varying needs and wants of society. Invention and new wants reflect themselves in the uses of land, and it is for the best interest of' the public that the free and unrestricted use shall be enjoyed, unless such use is restricted in a reasonable manner, consistent with the public welfare. The construction of deeds containing such restrictions or prohibitions as to the uses of lands by the grantees, in the case of doubt, as a general rule, ought to be strict and in favor of a free use of such property, and not to extend such restrictions.”

In the case at bar, the plaintiff holds a deed for the lot in controversy, which contains no restrictions whatever, but the defendants contend that the clause in plaintiff’s'deed from Piedmont Realty Company, “being the same lot No. 10, Square 5, conveyed by the Piedmont Realty Company to P. O. Abbott, by deed recorded in the office of the register of deeds for Mecklenburg County, in Book 150, p. 237,” was intended to subject plaintiff’s land to the restrictions contained in the original deed from the Piedmont Realty Company to Abbott, bearing date of 20 October, 1900. We do not think that this clause can be enlarged so as to *708 create a restriction. Apparently the clause is a mere reference to a former conveyance for the sole purpose of aiding the identification of the land. A restriction of the free enjoyment and use of property should be created in plain and express terms; and, while perhaps it may be possible, by implication, to create restriction and encumber the free and untrammeled flow of property from purchaser to purchaser, such implication ought to appear plainly and unmistakably.

We are of the opinion that this .case is governed by the decision in Davis v. Robinson, supra, and the judgment is Affirmed.