Garland v. Carnes

Hunt, Justice.

Garland brought this action against the Carnes to enforce a subdivision’s restrictive covenant providing:

No mobile home or trailers and buildings with metal roofs or metal siding or no complete concrete block buildings shall be placed on the property. [Emphasis supplied.]

The trial court found the covenant ambiguous in that the prepositional phrase “with metal roofs or metal siding,” could be read to describe either (1) only “trailers and buildings” or (2) “mobile home” as well as “trailers and buildings.” Accordingly, the trial court permitted parol evidence and found the intent…