2007

Scott v. Walker

Supreme Court of Virginia

274 Va. 209, 645 S.E.2d 278

Scotts were renting their single-family residence for short-term periods, nightly or weekly. Walker, a neighbor in the subdivision, sought injunctive relief, asserting that such rentals were in violation of a restrictive covenant which prohibited use of the lot except for residential purposes. Trial court held that such rentals were not for residential purposes and granted injunction. Supreme Court reversed. Court held that restrictive covenants are not favored and are to be construed strictly against the person seeking to enforce them. The term residential purposes was to distinguish use from business or commercial purposes. Short-term rentals are residential in nature and are not prohibited by the covenant. If the covenant has an ambiguity, it must be interpreted in favor of the free use of the property and against restrictions.

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