This section contains the nature of the case and procedural background.

Tupin (P) and Watts (D) own adjoining lakefront lots. P alleged that D violated a restrictive covenant by constructing a residence lakewards of a setback; the end result of which was to obstruct his view. P's property is Lot 3; D owns Lot 4, upon which the allegedly offending residence was constructed. The parcel conveyed is described as follows: 'All of Lots 3 and 4 in Chimney View Estates, a subdivision, filed for record in Book 14 at page 82 in the Camden County Recorder's Office, being a resurvey of Lots 51 and 51A in SHAWNEE BEND NO. 3, all as shown on the plat of said subdivision filed for record in Plat Book 4, page 27, Office of Recorder of Deeds, Camden County, Missouri. Subject to restrictions, reservations, conditions, and easements of record . . . .' P sought to compel D to move the residence to comply with the restrictive covenant. The trial court found for D. P appealed.

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