Puryear v. Deakins

Clarke, Presiding Justice.

This case involves the applicability of certain restrictive covenants to four out of fourteen lots in a subdivision. Earlier litigation has concluded that Foster and Rajecki, Inc. (“FRI”), the subdivision’s developer, legally contracted to sell the four lots to Ernest Deakins and his associates in September 1986. At that time, the restrictive covenants at issue here did not encumber the use of these lots. On October 17, 1986, FRI recorded certain restrictive covenants purporting to apply to all fourteen lots in the subdivision. Later on that same day, Deakins and his…