Question
Developer owns a five-acre parcel that he subdivides into five one-acre lots. He sells off 4 of the lots and into their deeds writes, This
Developer owns a five-acre parcel that he subdivides into five one-acre lots. He sells off 4 of the lots and into their deeds writes, "This property can only be developed with one house per lot, single-story residences only, and is subject to a Homeowners Association fee of $1,000 yearly." When Developer sells off the 4th lot, he decides to keep the 5th lot for himself and build a two-story house on that lot. When the owner of Lot 4 is told of Developer's intentions, she brings suit against Developer. In a majority of modern-day American jurisdictions, the owner of Lot 4's best theory for winning her lawsuit against Developer is:
A. Developer is estopped from denying the existence of the covenants on the Lot 4.
b. Developer's lot is burdened by a common scheme of negative reciprocal easements.
c. Developer's lot is burdened by a common scheme of covenants running with the land.
d. Developer's lot is burdened by an affirmative easement that runs with the land.
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