Witter v. Taggart

When Lawrance partitioned his canal-front property in 1951, he sold the northern portion (eventually acquired by Witter, plaintiff) subject to a covenant barring docks or view obstructions on the canal; he retained the southern portion until his death, and it was later sold, through a chain of title containing no such covenant, to Taggart (defendant). When Taggart tried to build a dock, Witter sued to enjoin him, but the trial court found Taggart's land unencumbered by any covenant.