Stephenson v. Perlitz

KEITH, Justice.

The question is, Does a restrictive covenant in a deed providing that “[a]ll im*787provements to be erected upon the premises hereby conveyed shall be built and used for residence purposes . . . [and] [o]nly one residence shall be erected upon the premises hereby conveyed” prohibit the erection of a duplex or two-unit dwelling thereon? We answer the question in the negative for the reasons now to be stated.

All parties own lots in Block 3 of Edge-mont Addition in the City of Austin, there being many costly and well-kept single family homes therein including those of the plaintiffs.…