Use this button to switch between dark and light mode.

Share your feedback on this Case Brief

Thank You For Submiting Feedback!

  • Law School Case Brief

Cheatham v. Taylor - 148 Va. 26, 138 S.E. 545 (1927)

Rule:

When, on a transfer of land, there is a covenant or even an informal contract or understanding that certain restrictions in the use of the land conveyed shall be observed, the restrictions are enforced by equity, at the suit of the party or parties intended to be benefited thereby, against any subsequent owner of the land except a purchaser for value without notice of the agreement.

Facts:

The respondent landowner Taylor and the petitioner neighbor Cheatham purchased land from a developer. Prior to the sale, the developer's board of directors passed a resolution declaring that no building line could be closer than 20 feet to the street boundary line. The developer advertised the land and the restrictions in the newspaper. Both the respondent landowner's and petitioner neighbor's deeds contained the building line restriction. However, the respondent constructed a drugstore that was within five feet of the street. Petitioner then sought an injunction to prevent the respondent from adding on to the drugstore and to remove what had already been constructed. The trial court granted the injunction. The respondent landowner filed an application to appeal.

Issue:

Did the trial court err in granting the injunction to order the removal of any construction within the boundary line?

Answer:

No.

Conclusion:

The court refused the respondent landowner's application of appeal. The court held that it was the intention of the parties that the restrictive provisions in the deeds from the developer were for the mutual benefit of the developer and all purchasers within the area. The court found that the intent was plainly manifested by the resolution of the board of directors and the newspaper advertisement. Thus, the court concluded that the respondent violated the equitable rights of the petitioner with full knowledge.

Access the full text case

Essential Class Preparation Skills

  • How to Answer Your Professor's Questions
  • How to Brief a Case
  • Don't Miss Important Points of Law with BARBRI Outlines (Login Required)

Essential Class Resources

  • CivPro
  • Contracts
  • Constitutional Law
  • Corporations /Business Organizations
  • Criminal Law
  • Criminal Procedure/Investigation
  • Evidence
  • Legal Ethics/Professional Responsibility
  • Property
  • Secured Transactions
  • Torts
  • Trusts & Estates