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MMLU / A land-development company was the owner of a400-acre tract of land in the…
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question
A land-development company was the owner of a400-acre tract of land in the Southwest. Over the course of time, the land-development company developed two residential subdivisions of the land, an eastern tract and a western tract, each of which contained 150 acres. These subdivisions were created by separate plats that made no reference to each other. The restrictions in the plats were, however, substantially identical. The plats and each deed provided that "the use of the land herein conveyed is restricted to single-family dwellings only, and this covenant is intended to apply to each and every lot in the subdivision and runs with the land, binding every lot owner, his heirs, and assigns. "After all but four lots in each subdivision had been sold by the land-development company, it sold 50 acres of the remaining 100 acres of land to a country club by a deed containing the following provisions:"This deed is executed and accepted with the understanding that the property above described is hereby restricted so that(1) said property may be used as a country club, with a golf course, pool, tennis courts, club house, eating facilities, and other improvements appropriate to a country club. (2) said property may also be subdivided and platted as a residential subdivision similar to the eastern tract and the property shall thereafter be used in accordance with and conveyed subject to residential restrictions that shall conform with those restrictions in force against the eastern tract. (3) the restrictions herein contained shall be deemed covenants running with the land, and for breach of any covenant herein, the land-development company, its successors and assigns may, at its option, re-enter and terminate the estate conveyed hereby. "At the time of this conveyance, the land- development company retained title to the remaining 50 acres in the original 400-acre tract. Thereafter, the land-development company developed an exclusive shopping center on 25 acres of the retained land. In February 2001, the land-development company sold the remaining eight residential lots in the eastern tract and the western tract. The next month, the land-development company executed the following instrument to the country club:"The land-development company, for itself, its successors, and assigns, does hereby release,surrender and quitclaim all rights, title, or other property interest in that certain acres owned by the country club. "At the time this instrument was executed, the country club had built a club house, golf course, and tennis courts on a portion of its land, and it had 25 acres of vacant land remaining. The country club wishes to commence construction of a new high- rise complex (containing a hotel, shopping mall, apartments, etc. ) on the 25 acres of vacant land it possesses. In an action by one of the homeowners in the western tract to enjoin construction of the complex, plaintiff will most likely
choices
- succeed, because the homeowner (or any other landowner in the eastern tract or the western tract) as assignee of the land development company could re-enter the land upon breach of condition subsequent.
- succeed, because a common development scheme had been established for the entire 400-acre tract, and the country club's proposed complex would constitute a non-conforming use.
- not succeed, because the land development company's instrument of March 2001 effectuated an abrogation of the deed restrictions on the country club's use of its property.
- not succeed, because in accordance with deed restriction (b), only a homeowner in the eastern tract would have standing to challenge the country club's proposed construction plan.
subject
professional_law
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