Land Developers, Inc. v. Maxwell

OPINION

HARBISON, Justice.

This case involves the question of whether certain restrictive covenants on property in a residential area should, in equity, be enforced against other property in the area not so restricted of record, by imposition of an equitable servitude or negative reciprocal easement.

The case has been tried twice in the Chancery Court of Blount County. The opinion of the Court of Appeals on the first appeal of the action is reported as Maxwell v. Land Developers, Inc., 485 S.W.2d 869 (Tenn.App.1972). On the first appeal, the Court of Appeals held that the trial court had erred…