Elder v. Watts, 40336

Decision Date22 February 1984
Docket NumberNo. 40336,40336
Citation312 S.E.2d 331,252 Ga. 212
PartiesTom D. ELDER, et al. v. Hal L. WATTS, et al.
CourtGeorgia Supreme Court

Tom Pye, Doraville, for Tom D. Elder et al.

Glenda Sullivan, Speros D. Homer, Jr., Atlanta, for Hal L. Watts et al.

GREGORY, Justice.

This appeal involves the interpretation of a restrictive covenant in the Riverview Estates subdivision in Gwinnett County. Hal Watts and the Riverview Association, Inc. (plaintiffs-appellees) sought to enjoin Tom Elder, (defendant-appellant) from erecting a tennis court on a lot adjacent to his residence. After building a single family residence on Lot 12 in the subdivision, appellant purchased adjoining Lot 11 for the purpose of building a tennis court for the recreation of his family and friends. The tennis court could not be placed on Lot 12 because of ground coverage rules applicable to the Chattahoochee River corridor, enforced by the county zoning authorities. To meet the zoning regulations, appellant combined the two lots into one. He received approval from the zoning authorities for the construction of the tennis court. After some preliminary grading of the landscape, appellees brought this action contending the building of the tennis court violates the following restrictive covenant found on the recorded subdivision plat, to which the parties' lots are subject: "Lots shown shall be used for single family residence purpose only." The trial court concluded a tennis court is not a single family residence purpose and permanently enjoined appellant from erecting a tennis court on Lot 11. We disagree and reverse.

"As a general rule, the owner of land in fee has the right to use the property for any lawful purpose, and any claim that there are restrictions upon such use must be clearly established. [Cits.]" Jordan v. Orr, 209 Ga. 161, 163, 71 S.E.2d 206 (1952). Accord, Shoal v. Bland, 208 Ga. 709(2), 69 S.E.2d 258 (1952). Applying this principle to this case, it is clear that a tennis court adjoining a single family residence, both located on a single lot would not violate the restriction. The evidence discloses at least one other residence in the subdivision has a tennis court on the lot. We hold that combining two adjoining lots and erecting a single family residence and a tennis court on the two lots, the residence on one and the tennis court on the other, does not violate the spirit and purpose of the restriction under the facts of this case. The key word is "purpose." The covenant does not restrict lots to "single family residences", but to "single family residence purpose." Single family residence purpose includes more than a building. Compare Sissel v. Smith, 242 Ga. 595, 250 S.E.2d 463 (1978). It includes development of the lot as a whole with this purpose as a guide. Tennis courts,...

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5 cases
  • Douglas v. Wages
    • United States
    • Georgia Supreme Court
    • November 1, 1999
    ...840 (1989). The first restriction clearly limits the use to which the property may be put to "residential purposes." Elder v. Watts, 252 Ga. 212, 312 S.E.2d 331 (1984). See also Shoaf v. Bland, 208 Ga. 709(2), 69 S.E.2d 258 (1952). Accordingly, activities of a commercial nature would not be......
  • Licker v. Harkleroad
    • United States
    • Georgia Court of Appeals
    • November 20, 2001
    ...in favor of the grantee." (Punctuation omitted.) Douglas v. Wages, 271 Ga. 616, 617(1), 523 S.E.2d 330 (1999). See also Elder v. Watts, 252 Ga. 212, 312 S.E.2d 331 (1984). However, when applying this general rule of construction, the court must consider the entire document and not merely th......
  • Bagko Development Co. v. Damitz
    • United States
    • Indiana Appellate Court
    • August 23, 1994
    ...word is 'purpose,' " and the recreational development on the double lot "as a whole" was consonant with that purpose. Elder v. Watts (1984), 252 Ga. 212, 312 S.E.2d 331. Another court found the "term 'residential purposes' requires the use of property for living purposes as opposed to busin......
  • Inabinet v. Greenville Cnty. Sheriff's Office, Civil Action No. 6:19-cv-1501-TMC
    • United States
    • U.S. District Court — District of South Carolina
    • September 3, 2019
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