TRIPLE CROWN SUBDIVISION HOMEOWNERS ASSOC., INC. v. Oberst

Opinion of the Court by

Justice SCHRODER.

The question in this appeal is whether or not the restrictive covenants are sufficiently described so as to be incorporated by reference and binding on the property herein. We opine that when the chain of title contains a specific reference, i.e. “subject to the Declaration of Covenants recorded in Miscellaneous Book 292, Page 1 of the Boone County Clerk’s records ... ”, the property in question is subject to the restrictive covenants. Because we are reversing the Court of Appeals on this issue, it will be necessary to remand for reconsideration of…