HSL Linda Gardens Properties, Ltd. v. Seymour

OPINION

LACAGNINA, Judge.

HSL Linda Gardens Properties, Ltd. (HSL) appeals from a declaratory judgment giving Monte Seymour a right of first refusal on any sale of HSL’s undivided one-half interest in jointly-owned property. We affirm because Seymour’s right of first refusal is a covenant running with the land which binds HSL.

Seymour’s right of first refusal arises from a provision contained in his contract to buy an undivided one-half interest in property owned by Autrice C. Copeland (now Freeman) in 1959 and duly recorded in 1965. The pertinent paragraph of the contract for sale states:

If…