REAL PROPERTY-RIGHTS IN LAND-CONSTRUCTION OF RESTRICTIVE COVENANTS

Excepting a small area set aside for business purposes, the deeds conveying more than 1300 lots in the University Heights addition of the City of Albuquerque contained restrictive covenants, the part here involved providing "no building other than dwelling houses . . . to be erected . . . . [N]or shall any building erected on said lots be used . . . for any other purpose than as private dwelling places." Plaintiff, a lot owner in the addition who used his lot as a residence, sought to enjoin defendant's use of two of the restricted lots for parking automobiles in connection with a business block recently built by defendant. Defendant contended that the covenant applied only to buildings and their use and did not preclude use of the land for any "open air" businesses. Held, injunction granted The defendant was perpetually enjoined from using the lots for any other purpose than as a dwelling place. Hoover v. Waggaman, (N. M. 1948) 199 P. (2d) 991.