[Download] "Bennett v. Moody" by Georgia Court of Appeals * Book PDF Kindle ePub Free

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eBook details

• Title: Bennett v. Moody
• Author : Georgia Court of Appeals
• Release Date : January 04, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Walter Bennett filed a petition to find his neighbor, Ellen Moody, in contempt for failure to comply with the terms of a 1987 court order which required her to remove a single-wide mobile home from her property. He also sought damages and equitable relief with regard to other alleged violations of various restrictive covenants contained in her deed and Oglethorpe County's subdivision regulations. After a hearing, the trial court entered an order in favor of Moody and Bennett appeals. The trial court's order contains the following findings of fact. Moody owns 12.15 acres of land in rural Oglethorpe County. The deed by which she took title to the property contains three restrictive covenants. The first restriction regards set-backs and is not an issue in this case; the second covenant provides that no single-wide mobile home shall be allowed temporarily or permanently on the property; and the third covenant prohibits subdivision of a tract of less than 10 acres but allows subdivision of any tract of land of 10 or more acres, provided each resulting lot contains at least 5 acres. The trial court found no evidence that any single-wide mobile home was on Moody's property. The court also found that although there are three separate structures on the property (2 double-wide mobile homes which are attached and 2 double-wide mobile homes which stand alone) there was no evidence of any subdivision of the property, either by conveyance to a third party, or by recordation of a new plat.

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