Minton v. Lichtenstein

BRADY, Chief Judge.

This is a suit to enforce by means of a mandatory injunction a fence restriction in a subdivision indenture. Finding that it was waived, relinquished, and abandoned, the trial court refused to enforce the covenant and plaintiffs, trustees of Forest Green Estates, appealed.

Sub-paragraph 10(h) of the main indenture governing Forest Green Estates prohibits the erection of fences unless the trustees first give their written approval: “No fence, except hedge fences, or other enclosure, and no retaining walls shall be erected upon any lot within said subdivision unless the…