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MMLU / In 1995, an investor purchased a 100-acre tract located in a rural county.…

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question

In 1995, an investor purchased a 100-acre tract located in a rural county. Shortly thereafter, the investor prepared a subdivision plan, which created 90 one-acre residential building lots on this tract with the remaining 10-acre lot proposed for a public school building. In the investor's sales brochure promoting the subdivision, he stated that "in addition to the close proximity of the proposed school for subdivision residents, the county school district would not need to expend tax money to acquire this property for school construction. " In 1996, the subdivision plan was recorded with the county recorder's office. During the next few years, the investor sold 50 residential lots to individual purchasers. In 2002, the investor conveyed the remaining 40 lots and the 10-acre tract to a builder by deed that included language identical to that contained in the first 50 deeds. By 2007, the builder had sold all of the 40 lots. Each of these deeds identified each lot as being a part of the subdivision. On January 9, 2008, the builder sold the 10-acre tract to a buyer. This deed made no mention of the subdivision. On January 15, 2008, the county school board voted to build a new school on the 10-acre tract. Two weeks later, the buyer began construction of a pizzeria on the 10-acre tract. In an action by the school board against the buyer to enjoin construction of the pizzeria on the 10-acre tract, the court would grant judgment for

choices

  1. the buyer, because his own deed made no mention of the subdivision.
  2. the buyer, because the dedication was not made to the public in general.
  3. the school district, because the 10-acre tract was designated for public use.
  4. the school district, because the 10-acre tract constituted an equitable servitude.

subject

professional_law

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