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MMLU / A landowner, advancing in age, realizes that he is no longer able to farm his…

Problem

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question

A landowner, 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 landowner and begins formulating plans for constructing single-family dwelling units on the land. The original deed between the landowner 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 landowner's death, his estate is required 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 deed for the remaining 250-acre parcel contained the identical restrictions as the deeds to the other three parcels. The investor, ignoring these restrictions, was able to use his political influence to persuade the county zoning board to rezone the said parcel for commercial use. The residents of phase I seek to enjoin the construction of the shopping center. The residents will have

choices

  1. little chance of preventing the projected commercial development.
  2. no standing to enjoin the construction of the shopping center.
  3. no chance of succeeding, because the zoning ordinance takes precedence over the covenant running with the land.
  4. success in their cause of action in accordance with the common development scheme.

subject

professional_law

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Source and history

task_id
506451da-baf7-58d3-821a-3b6d0deb8e21
task_key
all--test--506451da-baf7-58d3-821a-3b6d0deb8e21
task_revision_id
1
config / split
all / test

Official source

initial import