Waldrop v. Welch

505 So. 2d 325, 1987 Ala. LEXIS 4237
CourtSupreme Court of Alabama
DecidedMarch 20, 1987
Docket85-1328
StatusPublished
Cited by1 cases

This text of 505 So. 2d 325 (Waldrop v. Welch) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waldrop v. Welch, 505 So. 2d 325, 1987 Ala. LEXIS 4237 (Ala. 1987).

Opinion

HOUSTON, Justice.

The parties are owners of certain subdivision lots in Star Point Subdivision in Marshall County, Alabama. Plaintiffs brought suit against defendants, alleging that the placement of several camper-type travel trailers upon the single lot owned by defendants as tenants in common violated a restrictive covenant applicable to all lots in Star Point Subdivision. After hearing ore tenus evidence, the trial court found that “any structure, capable of being used as a dwelling, which exceeds a single dwelling on each lot is a breach of the restrictive covenant” and enjoined defendants “from placing or maintaining any such structure on [Lot 41] other than a single private dwelling.” We affirm.

Star Point Subdivision consists of 53 lots, each of which has either water frontage or access to Guntersville Lake Reservoir. Each of the lots is subject to the following restrictive covenant:

“For the benefit of all purchasers of lots in the Star Point Subdivision, which embraces the land described above, as shown by map of record in plat book 2, page 119, in the office of the Judge of Probate of Marshall County, Alabama, and in order to foster the development and protect the value of said land for private residence purposes, the grantee (1) will use the land herein conveyed, for private residence purposes only; (2) will not construct or maintain or cause or suffer to be constructed or maintained on said lot any buildings other than a single dwelling costing not less than $1,000.00, with necessary and appurtenant outbuildings; (3) will construct for use with the dwelling either a septic tank or outdoor toilet in accordance with the standards of the state and county public health officials; (4) will not construct or maintain or cause or suffer to be constructed or maintained on said land any building located nearer than 25 feet from any side line of said land or from the center line of any road and not nearer than 5 feet from the margin of the right of way of said road.” (Emphasis added.)

All of the plaintiffs own lots adjacent to or near Lot 41.

Defendants, Milford E. Waldrop, Wade Morrow, John M. Pell, Jr., and Bobby Joe Pell, own Lot 41 of Star Point Subdivision as tenants in common. There is permanently affixed to Lot 41 a “mobile home” owned by Morrow. This structure is not objectionable to the plaintiffs. John Pell, Bobby Joe Pell, and Waldrop each own travel trailers or recreational trailers which they, from time to time, park on the premises and use. Waldrop’s trailer is 28 feet long, has four wheels, and sleeps five “comfortably.” It has a gas range and refrigerator and is equipped with plumbing. When on Lot 41, it rests on a concrete slab laid for that purpose. The other two trailers are 26 feet long, are equipped with plumbing, and have areas for sleeping and preparation of food. All of the trailers are hooked to water and electricity when on Lot 41. There are three septic tanks on Lot 41.

Defendants are married and each has a child or children. Not including adult children, the four families consist of 12 people.

During the year 1985, the three trailers were placed on Lot 41 in early May. They remained on the property until one was moved in September. The other two were removed about October or November. None of the defendants “lived” in his trailer fulltime. Occasionally, the defendants’ families spent nights on Lot 41, but the trailers were utilized more frequently during the daytime.

The undisputed evidence was that the utilization of Lot 41 by the defendants in the manner described diminished the value of the property owned by the plaintiffs.

The defendants frame the issue for review as follows: “Whether the definition of ‘dwelling’ contained in subdivision restrictive covenants should be extended to include camper-trailers so that even the tern-[327]*327porary placement of one or more camper-trailers on a subdivision lot with an existing residence would violate a covenant restricting each subdivision lot to a single dwelling?”

In Cox v. Walter, 348 So.2d 454, 455 (Ala.1977), this Court wrote:

“Where the language of the restriction is clear and unambiguous, it will, of course, be given its manifest meaning, but its construction will not be extended by implication or include anything not plainly prohibited and all doubts and ambiguities must be resolved against the party seeking enforcement. Bear v. Bernstein, 251 Ala. 230, 36 So.2d 483 (1948); Springdale Gayfer’s Store Co., Inc. v. D.H. Holmes Co., Ltd., 281 Ala. 267, 201 So.2d 855 (1967). Restrictions against the free use and enjoyment of property are not favored in law and such restrictions are to be strictly construed. Kennedy v. Henley, 293 Ala. 657, 309 So.2d 435 (1975).”

The plaintiffs in their brief make a most persuasive argument that perhaps this general rule should be revisited to make it more in tune with the times. The following is taken from the plaintiffs’ brief:

“The general rule which appears to have been adopted across the country is that restrictive covenants on the use of land are to be strictly construed. This is perhaps what one might expect to emerge from a frontier society where land was plentiful and where its development for any purpose was considered to be in the best interest of the community and country. It is suggested that our society has progressed to the stage and our land has been developed until there is now at least an equal countervailing need for people to be protected in their investment. Particularly is this true in the case of their homes where their investment often represents their lifetime savings. The statement of the Court in Brandon v. Price, 314 S.W.2d 521, 523 (Ky.1958), is pertinent:
“ ‘Under the modern view, building restrictions are regarded more as a protection to the property owner and the public rather than as a restriction on the use of the property, and the old time doctrine of strict construction no longer applies.’
“Indeed, we suggest that there is really no need for a strict or liberal rule of construction. The lode-star rule for construing all agreements is sufficient. In White v. Harrison, 202 Ala. 623, 81 So. 565 (1919), the very learned Justice Sayre stated: ‘Covenants will, in general, be most strongly construed against the cov-enantor; still the paramount rule is to so expound them as to give effect to the actual intent of the parties.... ’ In the recent case of Frander & Frander, Inc. v. Griffen, 457 So.2d 375 (Ala.1984), the Court cites with approval the ancient rule with regard to restrictive covenants but then, we suggest, demolishes the rule by saying: ‘Where the language of the covenants is found to be ambiguous, the intent of the developer is to be given great weight by the court in discerning whether the home should be allowed to remain in the subdivision.’
“We should not be understood as conceding that the decision of this case in any way should turn upon a rule of construction or upon an attitude toward restrictive covenants. However, we do suggest that the ancient attitude is no longer justified and is not the prevailing attitude of our society. Neither is it in the best interest of our society.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Slaby v. Mountain River Estates Residential Ass'n
100 So. 3d 569 (Court of Civil Appeals of Alabama, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
505 So. 2d 325, 1987 Ala. LEXIS 4237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waldrop-v-welch-ala-1987.