Question
John owns a house in a deed-restricted community. After a string of robberies, John decides he wants to build a fence around his house. Unfortunately,
John owns a house in a deed-restricted community. After a string of robberies, John decides he wants to build a fence around his house. Unfortunately, the local homeowner association has threatened to petition the court for an injunction to stop john from putting up his fence. The homeowner association claims that putting up the fence would be a violation of a deed restriction that all residents of the community must adhere to.
(a) Technically, what type of deed restriction was placed on the homes of the community?
(b) What is the best argument John can make to a court so that he would be allowed to put up a
a fence around his property?
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