On November 14, 2024, the Mississippi Supreme Court rendered its opinion in Smith v. Brockway and summarized some of the legal principles applicable to restrictive (protective) covenants on land.

1.   To “run with the land,” a covenant must (1) show an intent to create such a covenant, (2) show privity of estate between the covenanting parties, and (3) touch and concern the land.

2.   Additionally, to ascertain the meaning, purpose, and intent of restrictive covenants, their language should be read in its ordinary sense, considering the entire document and the circumstances regarding their formulation.

3.   The intention of the parties, as shown by the agreement, governs and is determined by a fair interpretation of the entire text of the covenant.

4.     Courts generally disfavor restrictive covenants, so the Court views their construction more strongly against the person seeking the restriction and in favor of the party resisting it.

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