(DOWNLOAD) "James W. Allemong and Helen Allemong v." by Supreme Court of Appeals of West Virginia " eBook PDF Kindle ePub Free
eBook details
- Title: James W. Allemong and Helen Allemong v.
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 18, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
1. A valid restrictive covenant may be enforced by one other than a party to the restrictive covenant provided that the parties
to the deed in which the restrictive covenant originated intended that the restriction should benefit the land of the person
claiming enforcement. 2. "The fundamental rule in construing covenants and restrictive agreements is that the intention of the parties governs.
That intention is gathered from the entire instrument by which the restriction is created, the surrounding circumstances and
the objects which the covenant is designed to accomplish." Wallace v. St. Clair, 147 W.Va. 377, 390, 127 S.E.2d 742, 751 (1962).