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.)
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