Opinion
36740.
SUBMITTED OCTOBER 3, 1980.
DECIDED OCTOBER 22, 1980. REHEARING DENIED NOVEMBER 13, 1980.
Injunction. DeKalb Superior Court. Before Judge Tillman.
Harvey A. Clein, for appellant.
Peek Whaley, J. Corbett Peek, Jr., for appellee.
This appeal involves the interpretation of restrictive covenants in the Dogwood Estates subdivision in DeKalb County. Barbara Cross sought to enjoin her neighbor, Betty Ann Nakis, from maintaining an aluminum tool shed in her backyard, claiming such a structure is forbidden by the subdivision's restrictive covenants. The trial court granted an interlocutory injunction and Mrs. Nakis appeals. We reverse.
Restrictive covenants, prohibiting the unfettered use of one's land, must be strictly construed. Pritchett v. Vickery, 223 Ga. 490 ( 156 S.E.2d 459) (1967); Wiggins v. Young, 206 Ga. 440 ( 57 S.E.2d 486) (1950). Applying this principle to this case, it is clear that such structures are not prohibited. While paragraph one restricts land use to a single family residential dwelling and garage or carport, paragraph three refers to the set back restrictions of the house, garage "or other permitted accessory building." Paragraph six disallows temporary structures used as residences. Construing these covenants in the context of the contract as a whole, we do not find that an aluminum tool shed is forbidden.
"No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently."
Judgment reversed. All the Justices concur.