Reichert v. DaughertyAnnotate this Case
The Supreme Court affirmed the district court’s grant of summary judgment to Defendants in this quiet title action challenging the enforceability of a plat restriction that barred Plaintiffs’ use of a portion of their own property.
Plaintiffs owned Lot 8 in a subdivision. Defendants owned Lot 7. The plat restriction at issue in this case barred Plaintiffs’ use of a portion of Lot 8 and gave exclusive use of and responsibility for that property to Defendants. The district court concluded that the plat restriction contained in the subdivision’s recorded plat created an enforceable covenant appurtenant to Lot 8. The Supreme Court affirmed, holding (1) the plat restriction did not fail for lack of definition; (2) Plaintiffs’ challenges to the enforceability of the plat restriction on public policy grounds failed; and (3) there was no impediment in an access easement to the enforceability of the plat restriction.