dissenting.
I dissent from the majority’s resolution of point of error one. I believe the deed restrictions prohibit the appellees from subdividing a lot to construct single family residences unless the other owners agree. I agree with the appellants that the first sentence of section four means that the property owners cannot subdivide a lot to use for single-family residences on the subdivided portions of the lot without the joinder of the other lot owners. That sentence states:
Lots may be subdivided to provide building sites for multi-family residences or for condominiums, without the joinder of the owners of other lots within Crestwood Acres....
By that sentence, a lot owner may, without joinder, subdivide to create building sites for two types of residences: (1) multi-family residences and (2) condominiums. Nothing in that sentence, or in any other part of the restrictions, gives the lot owners any other permission to subdivide without joinder of the other lot owners. Because the restrictions do not permit an owner to subdivide a lot to create separate, single-family dwellings on the subdivided portions, the lot owner who wants to divide a lot to build separate, single-family dwellings on the parts of subdivided lot must seek joinder of the other lot owners.
The majority relies on Wilmoth v. Wilcox, 734 S.W.2d 656 (Tex.1987), and R & P Enterprises v. LaGuarta, Gavrel & Kirk, Inc., 596 S.W.2d 517 (Tex.1980), for three propositions that have been legislatively overruled: (1) covenants restricting the free use of land are not favored by the courts; (2) all doubts must be resolved in favor of the free and unrestricted use of the premises; and (3) the restrictive clause must be construed strictly against the party seeking to enforce it. Wilmoth, 734 S.W.2d at 657.
In 1987, the Texas Legislature enacted Chapter 202, “Construction and Enforcement of Restrictive Covenants.” Tex.PROP.Codb Ann. §§ 202.001-202.005. Section 202.002(a) specifies that chapter 202 of the Property Code applies to “all restrictive covenants, regardless of the date on which they were created.” Section 202.003(a) provides that “A restrictive covenant shall be liberally construed to give effect to its purposes and intent.”
In resolving this case, we are required to follow section 202.003(a) of the Property Code. Contrary to what the majority states, covenants restricting the free use of land are no longer disfavored; no longer are we to resolve doubts in favor of the free and unrestricted use of the premises; and no longer *84must we construe the covenant strictly against the party seeking to enforce it.1
Thus, we should give intent to the purposes of the document, not, as the majority says, to those seeking to set it aside.
. In footnote 1, the majority states that it does not discern a conflict between section 202.003(a), which requires us to liberally construe restrictive covenants to give effect to their purposes and intent, and the Supreme Court’s statement in Wilmoth, that covenants restricting the free use of land are not favored. For years the Supreme Court said the courts do not and should not favor restrictive covenants; in 1987, the Legislature legislatively overruled the Supreme Court and told the courts to favor restrictive covenants. The majority is correct when it states that the Supreme Court did not acknowledge the change when it issued Wilmoth.