Simmons v. On Faith, L.L.C.

By Judge Humes J. Franklin, Jr.

After consideration of this matter, it is the judgment of this Court that the restrictive covenants are not enforceable against the tract of land owned by the Respondent, On Faith, L.L.C. The restrictions the Complainants seek to enforce are not within On Faith’s chain of title. The restrictive covenants being outside the chain of title, they are not enforceable because horizontal and/or vertical privity is lacking. Additionally, the Complainants do not posses an equitable right to enforce an implied negative reciprocal easement because the prohibition of…