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Wasson Interests, Ltd. v. Kelly W. Adams and Karen Adams
405 S.W.3d 971
| Tex. App. | 2013
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Background

  • Wasson Interests, Ltd. owns 3.014 acres burdened by a restrictive covenant restricting use to residential development.
  • The Adams acquired leasehold interests in a nearby subdivision lot in 1993 and asserted the covenant burdens Wasson’s property.
  • The subject tract is not part of the Adams’ subdivision or any planned development; it lies across a county road from the subdivision.
  • Wasson moved a mobile home to the property in 2009, later removed it, then kept livestock and some inoperable vehicles on the tract, causing complaints.
  • The trial court found violations of the covenant and issued an injunction and awarded the Adams attorney’s fees; the court also addressed standing in its ruling.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Adams have standing to enforce the covenant Adams, as successors to the City coventee, are in privity of estate. Adams lack privity with Wasson; they are not successors to the 1983 grant to M.G. Moore. Adams lack standing; judgment reversed and case dismissed

Key Cases Cited

  • Exxon Corp. v. Pluff, 94 S.W.3d 22 (Tex. App.–Tyler 2002) (standing questions prioritised as threshold)
  • Wayne Harwell Prop. v. Pan Amer. Logistics, 945 S.W.2d 216 (Tex. App.–San Antonio 1997) (privity of estate required for covenant enforcement)
  • Panhandle & S.F. Ry. v. Wiggins, 161 S.W.2d 501 (Tex. Civ. App.–Amarillo 1942) (privity and covenants running with the land)
  • Lehman v. Wallace, 510 S.W.2d 675 (Tex. Civ. App.–San Antonio 1974) (common plan or scheme enabling reciprocal enforcement)
  • Ski Masters of Texas LLC v. Heinemeyer, 269 S.W.3d 662 (Tex. App.–San Antonio 2008) (restrictive covenants and privity limitations)
  • Davis v. Skipper, 83 S.W.2d 318 (Tex. 1935) (historic view on covenants and enforcement)
  • Westland Oil Dev. Corp. v. Gulf Oil, 637 S.W.2d 903 (Tex. 1992) (interpretation of covenants and privity)
Read the full case

Case Details

Case Name: Wasson Interests, Ltd. v. Kelly W. Adams and Karen Adams
Court Name: Court of Appeals of Texas
Date Published: Jul 3, 2013
Citation: 405 S.W.3d 971
Docket Number: 12-12-00076-CV
Court Abbreviation: Tex. App.