Desai v. OK OIL, INC.

Blackburn, Judge.

Mayank D. Desai filed a complaint for declaratory judgment seeking a determination as to whether an agreement to purchase petroleum products made between OK Oil, Inc. and John Bagby, a previous owner of Desai’s unimproved property, was a covenant running with the land which bound subsequent purchasers with knowledge thereof. The superior court concluded that the agreement created a binding encumbrance, of which Desai had notice and was thereby bound by it. Desai appeals from the trial court’s holding.

The record reveals these pertinent facts: On May 10, 1985, Gerald Lawhorn,…