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Davista Holdings LLC v. Capital Plaza Inc.

The trial court erred in failing to conclude that certain provisions of the easement agreement between the parties constituted restrictive covenants which expired 20 years after their creation by operation of law.

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This case concerns a piece of real property located in Thomas County and owned by Davista Holdings, LLC. Davista’s property is surrounded on three sides by property owned by Capital Plaza, Inc. Davista took title to its property subject to certain restrictive covenants contained in a 1989 warranty deed and subject to a 1989 Access and Parking Easement Agreement the “Easement Agreement”. Davista filed this action seeking a declaratory judgment that certain provisions in the Easement Agreement constitute restrictive covenants that expired by operation of law 20 years after their creation. The trial court denied Davista’s request for relief and entered summary judgment in favor of Capital Plaza. Davista now appeals from that order.

We find that some of the provisions at issue grant Capital Plaza easements on, over, and across Davista’s property for parking, ingress, egress, and pedestrian and vehicular traffic. To the extent that the trial court’s order reaches this same conclusion, that order is affirmed. We further find, however, that other provisions contained in the Easement Agreement constitute restrictive covenants, and that these provisions therefore expired by operation of law, 20 years after their creation. To the extent that the trial court’s order holds otherwise, that order is reversed.

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