BARNER v. CHAPPELL

Record No. 022710.

585 S.E.2d 590 (2003)

266 Va. 277

William M. BARNER, et al., v. Edward A. CHAPPELL, et al.

Supreme Court of Virginia.

September 12, 2003.


Attorney(s) appearing for the Case

John Tarley, Jr. (Susan Bradford Tarley; Spirn, Tarley, Robinson & Tarley, on briefs), Williamsburg, for appellants.

Christopher R. Papile, Norfolk (Alvin P. Anderson, Williamsburg; Mark A. Short, Newport News; Kaufman & Canoles, on brief), for appellees.

Present: All the Justices.


OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider whether the chancellor correctly determined that a restrictive covenant prohibiting the building of a house, garage, or other structure on a lot in a residential subdivision is enforceable by one or more neighboring landowners. We further consider whether the chancellor correctly determined, in the alternative, that the restriction is enforceable by the neighboring landowners as an equitable servitude...

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