Mid-State Equipment Co., Inc. v. Bell

225 S.E.2d 877 (1976)

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Nature of the Case

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Facts

Bell (P) filed a bill of complaint seeking to enjoin Mid-State (D) from violating certain restrictions which P contends were implied reciprocal negative easements or equitable servitudes applicable to D's property. P sought an order restricting D's use of its property for only residential purposes. The property in question was originally owned by the Eubanks and in 1960 was subdivided for purposes of housing development; there were restrictions on the cost of homes to be put on the lots, no livestock or poultry were to be kept on the lots, and all lots were restricted to residential use. The property under dispute was then conveyed to the Hickes in 1966 who resided on it until 1973. They sold the property in 1973 and D purchased the land with the intent to put it to commercial use. D fixed up the building on the lot and used the land for the sale and rental of solid waste equipment. Shortly thereafter problems developed and the adjoining landowners eventually filed this suit. The trial court ruled for P and D appealed.