Cocks v. Swains Creek Pines Lot Owners Ass’n.
Cocks v. Swains Creek Pines Lot Owners Ass’n., 2023 UT App 97 (Pohlman, J.)
Property / Contracts
Plaintiffs were not allowed to place their RV on a lot with restrictive covenants. They filed a complaint. The district court found ambiguity in the covenants and considered extrinsic evidence, resolving the ambiguity in favor of Plaintiffs. The Utah Court of Appeals reversed, holding, in part:
- The district court erred in finding ambiguity in the covenants.
- Practice tip: An RV may be a recreational vehicle and not a building, but agreeing that an RV is a “structure” avoided ambiguity in the CC&Rs in this case.
- Practice tip: In his concurring opinion, J. Tenney cautioned that this opinion should not be read as settling the question of whether, as a matter of law, the term “structure” can include a vehicle like an RV.