Hendley v. Overstreet

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that easement continues to burden property owner’s parcel because property owners are not innocent purchasers without notice; recorded deeds and restrictive covenants are constructive notice
• noting that recorded deeds and covenants provide purchasers with constructive notice of such covenants
• enforcing declaration of restrictive covenants that dedicated certain lots for use as a park or recreation area for the benefit of subdivision residents
• Tax sale did not extinguish easement in declaration of restrictive covenants where the lot owners' deeds made specific reference to the declaration of restrictive covenants that contained the easement.
• Tax sale did not extinguish easement in declaration of restrictive covenants where the lot owners' deeds made specific reference to the declaration of restrictive covenants that contained the easement.
• “It is well settled that when a subdivision contains an attraction such as a park or lake which renders the lot more desirable, the sale of lots in reference to a plat showing the attraction will create an irrevocable easement in such an area for the lot owners.”

Source: CourtListener parenthetical corpus (CC0).