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MMLU / In 1996, an investor purchased a 100-acre tract located in a northern county of…

Problem

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question

In 1996, an investor purchased a 100-acre tract located in a northern county of a state. Shortly thereafter, the investor prepared a subdivision plan that created 100 one-acre residential building lots on this tract. In 1997, the subdivision plan was recorded with the county recorder's office. During the next few years, the investor sold all 100 residential lots to individual purchasers. Each deed specified that every lot designated on the subdivision plan was to be recorded in the county recorder's office. Each deed also provided the following: "No lot shall be used except for residential purposes. " By 2009, the area surrounding the subdivision was rezoned for commercial and business uses. One of the lot owners now decides to operate a small beauty parlor in the basement of her home. In an action by the homeowners in the subdivision to prevent such commercial use, the court will most likely hold that

choices

  1. the residency restriction is no longer enforceable because of the change in the character of the neighborhood surrounding the development.
  2. the residency restriction is no longer enforceable because the area surrounding the development was rezoned for commercial use.
  3. the residency restriction is enforceable, thus preventing any commercial use.
  4. the operation of a beauty parlor would not constitute a violation of the residency restriction.

subject

professional_law

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Source and history

task_id
22fc6dff-8487-5ab1-8a10-0ef896c819a7
task_key
all--test--22fc6dff-8487-5ab1-8a10-0ef896c819a7
task_revision_id
1
config / split
all / test

Official source

initial import