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MMLU-Pro / 1733 / A housing corporation owned farmland and prepared a development plan to divide…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A housing corporation owned farmland and prepared a development plan to divide the land into 100 lots and create a residential community on the farmland tract. The Declaration of Covenants created the community association, as an administrative entity, to which the residential community lot owners would pay dues, and which would administer and enforce the regulations and restrictions recited among the covenants. One of the restrictions set forth in the Declaration of Covenants provides that the lots be used only for single-family residences, and that no trade, commerce, or business may be conducted in any single-family residence. The Declaration of Covenants gives the community association the right to assign all of its rights, powers, titles, easements, and estates granted to it under the Declaration of Covenants. The community association assigned "all the rights, powers, titles, easements, and estates granted to or conferred upon it by the Declaration of Covenants" to a municipal corporation, the city. The community association was then terminated. A chef, the owner of lot 18 in the residential development, proposes to convert his single-family dwelling into a massage parlor. The city asserts an action against the chef to recover money damages. Which of the following is the best argument for the chef?

category

law

options

  1. The restraint on alienation of his land is invalid.
  2. The Declaration of Covenants is unenforceable because it is overly restrictive.
  3. The Declaration of Covenants does not explicitly prohibit the conversion of single-family dwellings into businesses.
  4. The chef has the right to use his property as he sees fit, regardless of the Declaration of Covenants.
  5. The benefit is in gross; hence, the burden cannot run.
  6. The chef was not aware of the Declaration of Covenants when he bought the property.
  7. The assignment of rights to the city was invalid because the community association was terminated.
  8. The burden is in gross; hence, the benefit cannot run.
  9. The city is not in privity of estate with community association.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1733
task_id
be5ef772-ed14-5968-9da6-d94b79e5b558
task_key
default--test--1733
task_revision_id
1
config / split
default / test

Official source

initial import