Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown
Michigan Law Review
Common grantor filed for record a plat of the subdivision in which defendant and plaintiff both own lots. Plaintiff alleged that the subdivision was restricted. Only three of fifteen subdivision deeds entered for record contained written restrictions, and the subdivision plat which had been filed did not show any restrictions. In an action brought by plaintiff to prevent the defendant from violating the alleged restrictions, held, temporary injunction restraining the defendant granted. The court found a general building scheme of which the defendant had actual notice when he purchased his lot.Womack v. Dean, (Tex. Civ. App. 1954) …
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Real Property - Grantor's Covenant To Insert Restrictions In Future Deeds As Personal Covenant, John B. Huck
Michigan Law Review
Certain farm owners, intending to subdivide the land, conveyed a lot to plaintiff by a deed restricting its use to residence purposes and providing that only single dwellings could be erected. The grantors covenanted to insert the same restrictions in future deeds to the rest of the land. Plaintiff recorded his deed. The grantors subsequently sold another lot to defendant church without inserting a similar restrictive covenant. Plaintiff brought suit to enjoin the erection of the church. On appeal from a decree for defendant, held, affirmed, three judges dissenting. The parties to the first deed, in providing for similar …