Runyon v. Paley
Supreme Court of North Carolina
416 S.E.2d 177 (1992)
Ruth Bragg Gaskins conveyed part of her land to the Runyons (defendants), later reacquired it, then reconveyed part of it plus another lot back to the Runyons, and the next day conveyed the remaining portion to the Brughs with a deed restricting condominium construction until nearby properties were used commercially. Gaskins lived across the street in a residential home until her death, after which her daughter, Williams (plaintiff), inherited the home. Warren D. Paley (defendant) acquired the Brughs' property and prepared to build condominiums there, prompting Williams to sue to enforce the restrictive covenant. The trial court dismissed for failure to state a claim, and the Court of Appeals affirmed, reasoning the covenant was personal to Gaskins and died with her.
Whether a real covenant can be enforced by the owner of the dominant estate against the owner of the servient estate, whether the owners are the original covenanting parties or successors in interest.