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MMLU / A man and his neighbor owned homes on adjacent lots in a subdivision. The…

Problem

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

question

A man and his neighbor owned homes on adjacent lots in a subdivision. The subdivision's recorded restrictions did not prohibit detached storage sheds, and several homeowners in the subdivision had placed such sheds in their backyards. Because the man and the neighbor thought the sheds were unsightly, they both agreed in writing not to place detached storage sheds in their respective yards. Their agreement was drafted in recordable form and stated that it was enforceable by and against all assignees, heirs, and successors. The agreement was assignees, heirs, and successors. The agreement was promptly recorded. Three years later, the neighbor gave his home to his daughter. Shortly after moving into the home, the daughter learned of the restriction. She informed the man that she planned to put a detached storage shed in her backyard, claiming that the restriction was not enforceable against her. Does the man have the right to enjoin the neighbor's daughter from placing a detached storage shed in her yard?

choices

  1. No, because several homeowners in the subdivision have storage sheds in their yards.
  2. No, because there was no horizontal privity between the man and the neighbor.
  3. Yes, because the neighbor conveyed the home to the daughter by gift rather than by sale.
  4. Yes, because the restriction is binding on the daughter as a successor.

subject

professional_law

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Source and history

task_id
4c8de9be-24c6-5473-902e-b5f564c7f224
task_key
all--test--4c8de9be-24c6-5473-902e-b5f564c7f224
task_revision_id
1
config / split
all / test

Official source

initial import