Glover v. Santangelo

Defendant appeals the issuance of a mandatory injunction which ordered him to tear down his house because it obstructed plaintiffs’ view in violation of a restrictive covenant. After de novo review we affirm, but we remand for consideration of alternatives to razing the encroaching structure.

Plaintiffs and defendant are the owners of adjacent parcels of real property in Klamath Falls. Both lots are on a hillside overlooking Mt. Shasta, Lake Ewana and the downtown area. Defendant’s lot is on the downhill side of plaintiffs’ lot and is encumbered by a restrictive covenant which benefits…