Cottle v. Davis (Signed Opinion)
Annotate this CasePetitioner was the owner of a parcel of land within a larger tract of land owned by Respondent. When Petitioner was conveyed the land, the deed contained a restrictive covenant stating that Petitioner “shall install no septic or sewage system of any kind, no septic tank or leach bed on the real estate herein conveyed.” Relations between Petitioner and Respondent deteriorated, and Petitioner filed a complaint alleging that Respondent was interfering with his use of the right-of-way. Respondent counterclaimed that Petitioner had installed a septic or sewage system on his property in violation of the covenants in his deed. The circuit court ruled against Petitioner on the septic system issue, concluding that the restrictive covenant in Petitioner’s deed was perpetual, rather than personal, thereby running with the land. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) abused its discretion in concluding that the restrictive covenant in Petitioner’s deed was enforceable; and (2) did not abuse its discretion in determining the width and use of a right-of-way across Respondent’s land.
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