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Property Keyed to Sprankling
Gambrell v. Nivens
Citation:
275 S.W.3d 429 (Tenn. Ct. App. 2008)Facts
In 1992, Joe and Jeri Gambrell (the Gambrells) sold a lot to Mr. Frank Foshee (Mr. Foshee). Instead of reciting the restrictions on the property on the deed document, the Gambrells attached an untitled, undated, and unsigned page listing the restrictions and recorded it along with the deed. The deed and the attachment made no mention of each other. The attachment set forth, among others, that (1) the lot shall be used only for residential purposes and (2) all covenants listed are to run with the land and binding on all parties claiming title under them for thirty years from the date of record. In 1996, Mr. Foshee conveyed his lot to Sonny and Carrie Nivens (the Nivenses). The real estate agent for the Nivenses provided them a copy of the covenants prior to the purchase. The Nivenses then began to build a large wedding chapel and facility. In 1998, the Gambrells filed suit to enforce the restrictions and enjoin the Nivenses from completing the chapel’s construction and using it for commercial purposes.
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Topic Resources
Topic Outline
Real Covenants and Equitable Servitudes