TRIPLE CROWN SUBDIVISION HOMEOWNERS ASSOCIATION V. CLINTON S.
PROPERTY: Restrictive covenants (sufficient description for binding
PUBLISHED: REVERSING AND REMANDING
OPINION BY SCHRODER; ABRAMSON NOT SITTING
DATE RENDERED: 11/26/2008
Appellees purchased property whose deed stated the property was subject to the “Declaration of Covenants recorded in Miscellaneous Book 292, Page 1.” The developer had previously established a general plan and uniform scheme of development that applied to all property owned and subsequently acquired by the developer. This plan was recorded with the county clerk’s office as a “Declaration of Covenants, Conditions and Restrictions.” The purchasers claimed that since the plan was never amended to include a legal description of their specific property, the restrictions were inapplicable as to their property. The Supreme Court disagreed holding that “incorporation by reference” was an accepted practice for setting out covenants and the restrictions were applicable as against the
From SC November