On or about 1 January, 1913, plaintiff, a corporation, owned in fee simple, a parcel of land, containing about 15 acres, located within the boundaries of Myers Park, a suburb of the city of Charlotte, N. C. It caused a map of said parcel of land to be made, and recorded in the office of the register of deeds of Mecklenburg County. On this map the said parcel of land is designated as Block 26, Myers Park. The map shows said parcel of land divided into twenty lots, nine of said lots fronting on the ‘‘Boulevard,” and the remaining eleven lots, number 10 to 20, fronting on “Q Boad” and “A Boad.” Each of the twenty lots as shown on said map, has a frontage of not less than 100 feet, and an area of lot less than one-half an acre.
After the said map was recorded, plaintiff sold and conveyed the nine lots shown on the map as fronting on the “Boulevard,” to various persons. In the deed for each of these lots reference is made to the map of Block 26, as recorded in the office of the register of deeds of Mecklenburg County. None of the eleven remaining lots, fronting on “Q Boad” and on “A Boad,” and lying in the rear of the nine lots which have been sold and conveyed, has been sold or conveyed by plaintiff. All of these lots are now owned by plaintiff.
In each of the deeds by which the nine lots were conveyed by the plaintiff to the original purchaser, there are restrictive covenants, which the grantee, for himself, his heirs and assigns, agrees to observe and abide by. These restrictive covenants are applicable only to the lot conveyed by and described in the deed from plaintiff to its grantee. There is no express covenant in any of said deeds, by which plaintiff binds itself with respect to the other lots owned by it and included within Block 26. None of the defendants, claiming under the immediate grantee of the plaintiff, has any right to or easement in lots owned by plaintiff, at the date of its conveyance of the lot now owned by said defendant to its grantee, by reason of any express covenant on the part of the plaintiff.
The contention of defendants that there are implied covenants binding on the plaintiff with respect to the lots not sold or conveyed by it, which they have a right to enforce, cannot be sustained. There is nothing in the record which shows that plaintiff planned and mapped the parcel of land owned by it, and designated as Block 26, Myers Park, for development under a general plan or scheme. The map alone is not sufficient to support the contention of defendants. Davis v. Robinson, 189 N. C., 589, 127 S. E., 697. It is admitted that plaintiff conveyed nine of the lots shown on the map with restrictions, substantially similar, and that it has not conveyed any of the remaining eleven lots. No restrictions have been imposed by plaintiff upon that portion of Block 26 which it now owns, either expressly or by implication.
*298In tbe absence of a covenant, express or implied, to tbe contrary, binding on tbe plaintiff, tbe plaintiff bas tbe right to subdivide tbat portion of Block 26, Myers Park, wbicb it bas not sold or conveyed, and wbicb it now owns in fee simple, into lots of sucb frontage and of sucb size as it may desire, and defendants bave no right to prevent by injunction or otherwise tbe exercise of this right by plaintiff.
In each of tbe deeds by wbicb plaintiff conveyed to tbe several purchasers tbe lots 'now owned by defendants, tbe plaintiff reserved tbe right to change, alter or close up any street or avenue shown on tbe map of Block 26, Myers Park, wbicb it bad caused to be made and recorded, not adjacent to tbe lot conveyed by said deed, and not necessary to tbe full enjoyment by its grantee of said lot. There was no error in tbe charge of tbe court to tbe jury, tbat if tbe jury should find tbe facts to be as testified by tbe witnesses, they should answer tbe issue, “No.”
Assignments of error based upon exceptions to tbe rulings of the court upon plaintiff’s objections to tbe introduction of evidence offered by defendants cannot be sustained. Tbe evidence excluded was not competent to show tbat plaintiff bad sold and conveyed lots now owned by defendants in accordance with a. general plan or scheme for tbe development of Block 26, Myers Park.
There was no evidence tending to support an affirmative answer to tbe issue tendered by defendants. Tbe issue submitted by tbe court and answered by tbe jury arises upon tbe pleadings and is determinative of tbe controversy involved in this action. Tbe judgment is affirmed. We find
No error.