Rogers v. Watson
Vermont Supreme Court
594 A.2d 409 (1991)
Bard (plaintiff) subdivided land into a residential development and included a covenant in most deeds barring mobile homes, except for the very first lot sold and a lot she kept for her own family. The Wilkinsons bought a lot from Bard and later resold part of it to the Watsons (defendants), but the deed to the Watsons omitted the mobile-home restriction. The Watsons placed a mobile home on their lot anyway, and Bard and neighboring owners sued to enforce the restriction. The Watsons conceded the covenant was in writing, touched and concerned the land, and satisfied privity of estate, but argued the original parties never intended it to run with the land. The trial court enforced the covenant, and the Watsons appealed.
Whether a restrictive covenant runs with the land if it is in writing, the original parties intended that the covenant run with the land, the covenant touches and concerns the land, and privity of estate exists between the parties.