Section 27 Restrictive Covenants
| Library | Condemnation Practice 2009 |
Restrictive covenants and agreements in deeds rise to the level of an easement in each lot in favor of the other owners within the subdivision, and when a state agency violates those restrictions, that right is compensable. Peters v. Buckner, 232 S.W. 1024 (Mo. banc 1921). The covenant must convey a right, title, interest, or easement in the property to rise to the level of a property right, and the use of the property must be in violation of the restriction to be compensable. Albrecht v. State Highway...
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