Oliver v. Young
Oliver v. Young
Opinion of the Court
This case arises out of a dispute between adjoining land owners in a subdivision as to the interpretation of restrictive covenants in deeds from a common grantor. The restrictive covenants provide: "1. Land Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling with carport or garage facilities and other outbuildings incident to residential use of the lot. . . 4. Building location. . . No dwelling shall be located nearer than fifteen (15) feet to an interior lot line. . .”
The defendant Young enclosed the carport attached to his house and had begun the construction of a new carport attached to his house which would have extended to within 5 1/2 feet of the
The land use and building type restrictive covenant of this subdivision provides: "No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling with carport or garage facilities and other outbuildings incident to residential use of the lot.”
In our opinion restrictive covenant No. 1 defines a one detached single family dwelling as including a carport or garage facility. Therefore, restrictive covenant No. 4 establishing a 15 foot side line restriction for dwellings includes the carport or garage which could not be built "nearer than fifteen (15) feet to an interior line.”
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.