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McKAY v. TOWNSON

No. 87-3119.

528 So.2d 977 (1988)

Kirk McKAY, Appellant, v. Ronnie N. TOWNSON, Appellee.

District Court of Appeal of Florida, Second District.

July 22, 1988.

Attorney(s) appearing for the Case

E. Snow Martin, Jr., of Martin & Martin, P.A., Lakeland, for appellant.

Charles T. Canady and Thomas L. Clarke, Jr., of Lane, Trohn, Clarke, Bertrand & Williams, P.A., Lakeland, for appellee.

SCHEB, Acting Chief Judge.

Kirk McKay challenges a final summary judgment finding certain deed restrictions unenforceable. We reverse.

On October 5, 1976, McKay, appellant here and plaintiff below, conveyed land on which a lake was situated to Ronnie N. Townson's predecessor in interest. The deed contained the following restrictions:

This conveyance is made subject to a reservation in favor of Kirk McKay, his heirs and/or assigns, to retain the right...

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