Gibbs v. Kimbrell

Cureton, Judge:

Wayne T. and Peggy J. Kimbrell appeal from an order requiring them to remove a shed from their property because its location violates their residential subdivision’s covenants and restrictions, and enjoining them from future violation of these covenants and restrictions. We affirm as modified.

Diamond Point, a residential subdivision of approximately 45 lots, is subject to covenants and restrictions (“covenants”) which were recorded in 1974. In 1976, the respondents, A. Hugh and Mary Settle Gibbs, purchased lots 13,14, and 15 in the subdivision. These lots are contiguous and…