Section 15 Drafting Covenants

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Drafting covenants running with the land is a challenge because of the rules of construction the courts apply rigorously in interpreting them. Restrictive covenants, "being in derogation of the fee," are not favored in the law and will not be extended by implication to anything not clearly expressed in them. If there is ambiguity in the terms of the covenant, or substantial doubt as to its meaning, the ambiguity or doubt should be resolved, if reasonably possible, in favor of the free use of the property. See:

· Mullin v. Silvercreek Condo. Owner's Ass'n, Inc., 195 S.W.3d 484 (Mo. App. S.D. 2006)

· Andrews v. Metro. Bldg. Co., 163 S.W.2d 1024, 1028 (Mo. 1942)

· Lake Saint Louis Cmty. Ass'n v. Ravenwood Props., Ltd., 746 S.W.2d 642, 644 (Mo. App. E.D. 1988)

Berkley v. Conway P'ship, 708 S.W.2d 225, 227 (Mo. App. E.D. 1986)

Blue Ridge Bank & Trust Co. v. Trosen, 221 S.W.3d 451, 459 (Mo. App. W.D. 2007) (quoting Jackson Cnty. v. McClain Enters., Inc., 190 S.W.3d 633...