Hillis v. Powers

OPINION

CANTRELL, Judge.

This case involves the enforceability of a restrictive covenant contained in a 1962 deed. The plaintiffs, the grantors on the deed, contend that the covenant runs with the land and should be enforceable against the defendants, who are remote grantees of the property originally granted. The position of the defendants is that the covenant was enforceable only against the original grantees, because its terms failed to unambiguously indicate that it was binding on the grantees’ successors and assigns. The trial court ruled in favor of the defendants. We reverse, for the…