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Phillips v. Hatfield
No. E2019-00628-COA-R3-CV (Tenn. Ct. App. Dec. 18, 2019)2 Citing cases
Phillips v. Hatfield
624 S.W.3d 464 (Tenn. 2021) Cited 14 timesExplaining that a covenant that "limits the uses that can be made by an owner or occupier of land" is called a "restrictive covenant" or, less often, a "negative easement"
Upon the Defendant's appeal, the Court of Appeals reviewed "whether the trial court properly found the existence of an implied negative reciprocal easement." Phillips v. Hatfield, No. E2019-00628-COA-R3-CV, 2019 WL 6954182, at *4 (Tenn. Ct. App. Dec. 18, 2019), perm. app. granted, (Tenn. July 17, 2020). The Court of Appeals concluded that the evidence did not preponderate against the trial court's findings related to the elements of establishing an implied negative reciprocal easement:
Phillips v. Hatfield
No. E2019-00628-SC-R11-CV (Tenn. Ct. App. Jun. 1, 2021)Upon the Defendant's appeal, the Court of Appeals reviewed "whether the trial court properly found the existence of an implied negative reciprocal easement." Phillips v. Hatfield, No. E2019-00628-COA-R3-CV, 2019 WL 6954182, at *4 (Tenn. Ct. App. Dec. 18, 2019), perm. app. granted, (Tenn. July 17, 2020). The Court of Appeals concluded that the evidence did not preponderate against the trial court's findings related to the elements of establishing an implied negative reciprocal easement: