Oliver v. Schultz

STUMBO, Justice.

Patty Oliver appeals a judgment of the Meade Circuit Court upholding the validity of a restrictive covenant forbidding the placement of a mobile home upon her property. After reviewing the record and the law, we reverse.

A brief summary of the facts is in order. On March 14, 1990, Oliver purchased two tracts of land from Rosalie Waters. One tract contained 4.77 acres of land; the other consisted of 4.96 acres. The deed from Waters to Oliver contained no restrictions upon the use of either tract; however, it is undisputed that a restrictive covenant forbidding the placement of a…