McLeod v. Baptiste

Finney, Justice:

The dispositive issue in this case is whether respondent (trustee), the original grantor of a restrictive covenant, has standing to enforce that covenant against a remote grantee when the trust no longer owns any real property which would be benefitted by its enforcement. The trial court found that the trustee had standing, and enforced the covenant against appellants. We reverse.

The trustee held title to certain real property for her brother’s benefit pursuant to a testamentary trust. She sold all this property to Snyder in 1986 subject to certain restrictions. The…