(DOWNLOAD) "Charles Evans v. Thomas R. Pollock" by Supreme Court Of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Charles Evans v. Thomas R. Pollock
- Author : Supreme Court Of Utah
- Release Date : January 13, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
RAY, Justice. This is a restrictive covenant case involving the implied reciprocal negative easement. doctrine. The trial court found that only the lakefront lots were impressed with restrictive covenants as part of the general plan of development, but the hilltop block was not. It implied the negative reciprocal easement on the developers retained lakefront lots only, enjoining their use contrary to the restrictive covenants burdening the other lakefront lots. The court of appeals reversed and rendered, holding that a reciprocal negative easement can be imposed only when the general plan of development includes the entire subdivision tract and attaches to all the property retained by the common developer-owner. S.W. . We hold that there need only be a clearly-defined restricted district to which the restrictions apply as part of the plan of development, some lots of which are either retained by the owner-developer or sold to a purchaser with actual or construction notice of the restrictions, for the doctrine to apply as to those lots. We reverse the judgment of the court of appeals and remand the cause to that court for consideration of factual sufficiency points.