Powell v. Washburn: To the Restatement (Third) of Property: Servitudes—and Beyond

The Arizona Supreme Court, following the Restatement (Third) of Property: Servitudes Section 4.1, adopted a liberal method for interpreting restrictive covenants that focuses on the intent of the parties to the covenant. The court’s decision applying this principle prevented the use of recreational vehicles as single-family residences in a “fly-in community” in La Paz County.