TURPIN V. WATTS
607 S.W.2d 895 (1980)
NATURE OF THE CASE: This is an action for a mandatory injunction.
FACTS: Tupin (P) and Watts (D) own adjoining lakefront lots. P alleged that D violated a
restrictive covenant by constructing a residence lakewards of a setback the end result of
which was to obstruct his view. P's property is Lot 3; D owns Lot 4, upon which the
allegedly offending residence was constructed. The parcel conveyed is described as follows:
'All of Lots 3 and 4 in Chimney View Estates, a subdivision, filed for record in Book 14 at
page 82 in the Camden County Recorder's Office, being a resurvey of Lots 51 and 51A in
SHAWNEE BEND NO. 3, all as shown on the plat of said subdivision filed for record in Plat
Book 4, page 27, Office of Recorder of Deeds, Camden County, Missouri. Subject to
restrictions, reservations, conditions and easements of record . . . .' P sought to compel D
to move the residence to comply with the restrictive covenant. The trial court found for D.
P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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