Dail v. Couch

Appellants, Robert Dail and Ophelia Dail, sued appellees, Herman E. Crouch and Bonnie L. Crouch, for a mandatory injunction to remove a patio or deck appellees built on their lake front property adjacent to appellants property alleging it violated the easement rights to and from the lake granted pursuant to the subdivision restrictive covenants. Appellees filed an answer and a counterclaim alleging their deck was constructed within their property lines in the same manner as other lots similarly situated in the subdivision and was approved by the San Jacinto Water Authority and Board of Directors of the subdivision. After a bench trial, the trial court enjoined any construction within five feet of the property line and awarded appellants $2,500.00 attorneys fees. Appellants contend the trial court erred in failing to 1) enjoin construction within fifteen feet of the property line and 2) award them $8,000.00 attorneys fees as they requested. We affirm.