Perry v. Davis
Supreme Court of Erehwon
(2001)
Relevant factsFree
Paul Perry (plaintiff) and his neighbor Alice Adams recorded a mutual covenant that no cats would be kept on either of their properties, expressly stating it would run with the land. After Adams died, her nephew Donald Davis (defendant) acquired a life estate in her property and kept several cats there despite Perry's efforts to enforce the covenant. The trial court granted Perry an injunction against Davis.
IssueFree
Whether an equitable servitude may be imposed against a successor landowner who acquires land with notice of the servitude.