Antill v. Sigman

Nichols, Chief Justice.

The appellant and the appellee are adjoining property owners in a residential subdivision. The developer-common grantor placed certain protective covenants on the property restricting the use thereof. Each home was surrounded by a walled enclosure and that part of each owner’s property to the rear and outside the walled enclosure was to be maintained in a natural state. Paragraph 16 of the protective covenants provided in part: "This area shall not be fenced or cross-fenced, and no playground equipment or other temporary or permanent improvement permitted.”

Paragraph 18…