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MMLU-Pro / 1364 / In 1998, a farmer, advancing in age, realizes that he is no longer able to farm…

Problem

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question

In 1998, a farmer, advancing in age, realizes that he is no longer able to farm his 1,000 acres and therefore decides to sell some of the farmland in parcels of 250 acres. The president of a development company is interested in purchasing three of the four parcels. The president buys the three parcels from the farmer and begins formulating plans for constructing single-family dwelling units on the land. The original deed between the farmer and the development company contains a provision expressly binding "upon all subsequent grantees, their heirs, and assigns," stipulating that any further subdivisions by any such persons shall be restricted to minimum two-acre lots to be used for single- family dwelling units only. The development company immediately subdivided two of the parcels into lots of three, four, and five acres, and began construction of homes thereon. The original deed restrictions were enumerated within the special warranty deeds and were given to the purchasers of the homes in the new development, called phase 1. Two years later, the president sold the remaining parcel, which had not been included in the phase 1 subdivision plan, to a contractor. The contractor, in turn, drafted a subdivision plan for the last 250-acre parcel, dividing it into one-acre lots. The contractor then commenced construction of single-family dwelling units in the new development, to be known as phase 2. There was no mention of the restriction for two-acre minimum lots in the deeds to the purchasers of the new homes in phase 2. Meanwhile, after the farmer's death, his estate isrequired to sell the remaining 250-acre parcel of his farmland. The buyer is an investor, who proposes to construct a two-level shopping center and parking lot on the property. The area surrounding phase 1 and phase 2 was rezoned for commercial and industrial uses in 2010. The investor's shopping center has grown to include 150 stores. Now, one of the lot owners in phase 1 contracts to sell his property to two physicians who plan to start a suburban medical practice. In an action by the homeowners in phase 1 to prevent such commercial use by the physicians, the court will most likely hold that

category

law

options

  1. the restrictions are still enforceable, but only for the original buyers from the development company.
  2. the restrictions are not enforceable because the investor was able to construct a shopping center on the remaining farmland.
  3. the restrictions would no longer be enforceable, because the offering of personal services (i. e. , medical) would be a conforming use.
  4. the restrictions could be enforceable if the court considers the medical practice as a commercial enterprise.
  5. the restrictions would no longer be enforceable because the medical practice is considered a necessary service for the community.
  6. the restrictions are not enforceable because the surrounding area has been rezoned for commercial and industrial uses.
  7. the restrictions are still enforceable, thus preventing such commercial use.
  8. the restrictions are not enforceable because they were not mentioned in the deeds to the buyers of phase 2 homes.
  9. the restrictions would no longer be enforceable, because of the change in the character of the neighborhood.
  10. the restrictions would no longer be enforceable, because the opening of a physician's office in a private home would not be construed as a commercial enterprise.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1364
task_id
3cf11392-22b1-57d3-97a0-4bb620ebacea
task_key
default--test--1364
task_revision_id
1
config / split
default / test

Official source

initial import