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University of Michigan Law School

Michigan Law Review

1955

Restrictive covenant

Articles 1 - 3 of 3

Full-Text Articles in Law

Real Property - General Scheme In Enforcement Of Restrictive Covenants, Herbert R. Brown Feb 1955

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 - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed. Jan 1955

Real Property - Compensation For Abrogation Of A Restrictive Covenant By Public Authority, Howard N. Thiele, Jr. S.Ed.

Michigan Law Review

It is the purpose of this comment to examine the legal consequences produced when the tranquility of the residential district is disturbed by governmental action.


Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke Jan 1955

Real Property - Restrictive Covenants - Termination By Declaratory Judgment, Edward H. Hoenicke

Michigan Law Review

Appellant originally owned all of a certain tract of land upon which his home was built. In 1942 he conveyed one lot to the predecessor in title of the appellees, including in the deed a covenant restricting the lot to residential uses. Subsequently he conveyed three other lots carved from the original tract without inserting restrictive covenants in the deeds. The appellees brought suit for a declaratory judgment invalidating the restrictive covenant on their lot, and such judgment was granted. While an appeal from this decree was pending, appellant sold his home to a rural electric co-operative for admittedly commercial …