Real Property - Restrictive Covenants - Termination by Declaratory Judgment

Authors

Edward H. Hoenicke, University of Michigan Law SchoolFollow

Abstract

Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial uses, but he retained a portion of the original tract. Held, affirmed. The right to enforce the covenant is lost by abandonment, waiver, and by a change in the character of the neighborhood which renders its enforcement no longer practicable. Bagby v. Stewart's Executors, (Ky. 1954) 265 S.W. (2d) 75.

Recommended Citation

Edward H. Hoenicke, Real Property - Restrictive Covenants - Termination by Declaratory Judgment, 53 Mich. L. Rev. 491 (1955).
Available at: https://repository.law.umich.edu/mlr/vol53/iss3/18