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Real Property - Restrictive Covenants - Effect Of Expiration Of Time Limitation In Deed Under General Plan, John D. Kelly

Michigan Law Review

Plaintiffs were the owners of two lots in a subdivision originally owned by a real estate development company. Defendants were property owners or lien holders within the subdivision, the development company, and the prospective purchasers of plaintiff's lots who refused to buy on the ground that the lots were subject to certain restrictions. All purchasers of lots within the subdivision had received the same form deed containing the identical provision that restrictions, including one prohibiting nonresidential use, were to be enforceable for twenty-one years from the date of each conveyance. The first lot was sold in 1927 and plaintiffs' …