Powell v. Washburn

OPINION

RYAN, Justice.

¶ 1 This ease requires us to interpret real property restrictive covenants. One approach has been to construe such covenants narrowly, to favor the free use of land. We today adopt the approach of the Restatement (Third) of Property: Servitudes (“Restatement”) and hold that restrictive covenants should be interpreted to give effect to the intention of the parties as determined from the language of the document in its entirety and the purpose for which the covenants were created.

I

A

¶ 2 In November 1988, Thomas Washburn, President of K.R.C. Corporation, recorded the…