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