Davis v. Davis

791 S.E.2d 714 (2016)

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Nature of the Case

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Facts

This matter involves a family dispute over a beach property. Dorothy C. Davis (D) owns a life estate in the Property. The remainder interest is held by nominal Defendant MKR Development, LLC (LLC) owned by and benefitting three of D's children - Kaye Davis and plaintiffs Melvin and J. Rex (Ps). Ps commenced this suit to enjoin F from renting the Property during her lifetime to vacationers, contending that certain language in the deed conveying restricts her from renting out the Property. D and her husband purchased the Property. In order to help pay for Property expenses, they occasionally rented the Property to vacationers through a real estate agency. In 2009, they decided to transfer a remainder interest in the Property to three of their children, two of which are Ps. They executed the Deed and conveyed a remainder interest in the Property to the LLC, reserving for themselves a life estate. The husband died leaving D as the Property's sole life tenant. Ps noticed D that she could not lease or rent the property. D ignored the admonition. Ps sued under a declaratory judgment action to enjoin D from renting the Property without the express permission of the LLC. D got the summary judgment, and Ps appealed.