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Joe Gambrell v. Sonny Nivens

Court of Appeals of Tennessee (2008) | 275 S.W.3d 429

4 min read

TL;DR: Vendors sued remote grantees to enforce restrictive covenants attached to, but not incorporated in, an original deed. The court affirmed an injunction, finding an equitable servitude enforceable due to the grantees' actual notice of the restrictions.

Legal Significance: Actual notice of a restrictive covenant can bind a remote grantee through an equitable servitude, even if the covenant was defectively recorded and not formally incorporated into the chain of title.