The Daily Banner, Greencastle, Putnam County, 7 November 1968 — Page 5
Thursday, November 7, 1968
The Daily Banner, Greencastle, Indiana
Page 5
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THE FAMILY LAWYER
Neighbor's Doghouse To Fido, the new doghouse was a veritable palace. But to the couple next door, it was an eyesore. Finally they hailed Fido’s owner into court. “Every deed on this block has a restriction against putting more than one building on a lot,” they told the judge. “This doghouse may
be small, bill it is still a building. It is a permanent structure, built out of concrete blocks.” This argument convinced the judge, and Eido’s home had to go. Deed restrictions, which are a common feature of new housing developments, are a lawful means of preserving property values. Generally speaking, the courts will enforce them in reasonable accordance with this basic purpose.
Thus, under a restriction against extra buildings on one lot, the court will usually rule against any structure that has a roof and walls. Even a tent was banned as a forbidden extra “building” where it appeared that the tent had a stove and furniture—and was being used as a dwelling. But a tennis court was held not covered by such a restriction. Since it had neither roof nor walls, the judge decided it simply wasn't substantial enough for other property owners to complain about. Of course, whenever a specific question comes up. the exSct wording of the deed is crucial. For example. the restriction would have a broader scope if it referred to “strifcture” rather than “building.” In one case neighbors complained about a picket fence, erected on a strip of land that was supposed to he kept free of “structures of any kind.” The court held that, while a ban on “buildings” might not have applied to the fence, the ban on “structures” did indeed. It is for this reason that the person thinking of buying a home ought to understand the language of the restrictions in his deed. Then he will know', in advance, under what circumstances the neighbors can tell him “Thou shall not.”
SOUTH THIRD--The only business at the Putnam County Courthouse Tuesday was that of the elections. The doors were shut except for the south entrance which lead to this polling place called the South Third precinct. Here poll
workers (left) Karen Fitzenbarger, Bonnie Williams and Dustin Stewart check the registration list of a voter before she is allowed to vote. The BANNER Photo, Wilbur Kendall
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Canaan News
By Iona Goss Mr. Warren Ray Stewart of Greenville, Miss, was the guest of his grandparents Mr. and Mrs. Ralph Minter Saturday on his way home from a hunting trip in Canada. Miss Rita Platers of Fillmore and Mr. H. Michael Goss of Greencastle visited the latter’s aunt Mrs. Iona Goss Friday evening. Mrs. Mary Louise Huber was able to return home from the Putnam County Hospital Monday. She is improving slowly. Her guests the past week were
Mrs. Dorothy Feazel of Morgantown. Mrs. John Kerr of Brownsburg, Mrs. Ola Ruark of Greencastle, Mrs. Veneta Arnold, Mrs. Leona Greenlee, Mrs. Leon Arnold, Gordon, Carmen Charisse and Celeste of Mt. Meridian. Miss Janet McCullough was the weekend guest of Mr. and Mrs. Gerald McGuire, Charlotte and Janice Ann at Belle Union. Mr. and Mrs. John Glaze of Greencastle were the dinner guests of the latter’s parents. Mr. and Mrs. Raymond Goss and daughter Patricia Saturday. Mr. and Mrs. Harold Lisby were
the Sunday dinner guests of their daughter Miss Kitzie Lisby at Indianapolis. Mr. and Mrs. Wayne Lydick of Greencastle and son Harold of I. U. were the Sunday dinner guests of the former’s parents Mr. and Mrs. Vern Lydick. Mr. and Mrs. Raymond French of Crawfordsville were guests of his brother Mr. and Mrs. Henry French and family Saturday after-
noon.
Mr. and Mrs. Charles Rodgers of Scottsville, Kentucky were the weekend guests of their daughter. Continued on Page 8
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