Hecht v. Stephens

The opinion of the court was delivered by This was an injunction action directed against the violation of
a restrictive covenant prohibiting trailer houses in an addition
known as South Broadway Gardens, in Sedgwick county. In 1952 the E.C.M. Corporation was the owner of Blocks 3, 4 and
5 in the said fifty-seven-lot addition. As the corporation
conveyed the lots to various owners, it placed restrictions of
substantially the same nature in each of the deeds. Those
pertinent to this action, and found in the deed of conveyance to
defendant's predecessor in title, are as follows:

"(1) Said lots shall be improved, used and occupied
for residential purposes only, and no residence shall
be built thereon having less than 500 sq. ft.

. . . . . . . . . . . . . .

"(3) No structure shall be erected on any lot until
the design, location and set-back thereof shall have
been approved in writing by E.C.M. Corporation, Inc.
and it shall conform and be in harmony with similar
structures in the tract.

"(4) No used, secondhand or previously constructed
house or building of any kind shall be moved or
placed as a whole or in sections upon said lot or
lots.

. . . . . . . . . . . . . .

"(6) No trailer house, secondhand cars, nor junk
yard of any kind shall be permitted.

"(7) No noxious or offensive trade shall be carried
on upon any lot, nor shall anything be done thereon
which may be or become an annoyance or a nuisance to
the neighborhood.

"(8) The restrictions shall run with the land and
shall be binding on the undersigned and all persons
claiming under them until the 10th day of April,
1972, at which time said covenants and restrictions
shall terminate."