Property Keyed to Saxer
Traweek v. Lincoln
Lincoln, Kearley (Plaintiffs), and Traweek (Defendant) each own lots in the Funderburg Cove Subdivision. The lots are subject to restrictive covenants that were created in 1964. The covenants prohibit the placement of a structure on a residential building lot greater than two stories high. They also limit the use of such structures to residential purposes. In 2005, Defendant placed a mobile home on his property and used it for business purposes. Plaintiffs sought a judgment declaring that Defendant violated the restrictive covenant by placing the mobile home on the lot and sought an injunction requiring Defendant to remove the mobile home. Defendant argued that the restrictions were only applicable to residential lots, and since he used the lot for a business purpose, the restrictive covenants did not apply. Defendant also argued that the language of the covenants did not expressly prohibit the placement of mobile homes on the residential lots. The trial court found that Defendant violated the restrictive covenants and issued the injunction against him.
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