Evans v. Pollock
Supreme Court of Texas
796 S.W.2d 465 (Tex. 1990)
The Hornsbys and McCormicks created a subdivision out of their property around a lake, partitioned the subdivided parcels between themselves, and subsequently deeded most of the parcels to third parties. All of the subdivided lots were lakefront except for one which was inland (the hilltop). All of the deeds from the Hornsbys and McCormicks to the lakefront lots contained the same restrictive covenants including a ban on commercial uses and a provision that the restrictions in the deeds could be changed with a 3/4 vote of the lakefront property owners. However, the hilltop remained undeeded until after the Hornsbys died when their devisees contracted to sell the hilltop to Pollack (defendant) for the purposes of building a marina and private club. Charles Evans along with other owners in the subdivision whose properties were subject to the restrictions (Evans) (plaintiffs) brought suit for equitable relief under the implied reciprocal negative easement doctrine. The trial court held that the restrictions applied to the lakefront lots, but not the hilltop. The court of appeals reversed, holding that none of the lots were restricted because for the restrictions to apply at all, the original grantors must have placed restrictions on the entire subdivision. Evans appealed.
Rule of Law
Holding and Reasoning (Ray, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.