Berger v. Van Sweringen Co.

The first question to be determined is whether plaintiffs are entitled to enforce the restrictive covenants covering defendants’ land against the defendants.

It is defendants’ contention that only owners of property within a subdivision or allotment may enforce such covenants against other owners within the same subdivision or allotment, and that, since defendants ’ land has never been subdivided, plaintiffs are not within the same subdivision and are, therefore, not entitled to enforce such covenants.

This question has not previously arisen before this court. There is language in cases from…