Gambrell v. Nivens
Court of Appeals of Tennessee
275 S.W.3d 429 (2008)
The Gambrells (plaintiffs) subdivided their land, sold three lots, and attached undated, unsigned residential-use-only covenants (stated to run with the land for 30 years) to each deed; one buyer, Foshee, later conveyed his lot to the Nivenses (defendants) within the 30-year period, and the Nivenses had notice of the restriction before purchasing but began building a commercial wedding chapel anyway. The Gambrells sued for an injunction, the trial court permanently enjoined the Nivenses from any commercial use of the lot, and the Nivenses appealed, arguing the covenant's formal defects made it unenforceable.
Whether a restrictive covenant that is formally defective as a legal covenant -- undated and unsigned -- may still bind a remote grantee as an equitable servitude.