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MMLU / A land-development company was the owner of a 400-acre tract of land. Over the…

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question

A land-development company was the owner of a 400-acre tract of land. Over the course of time, the land-development company developed two residential subdivisions of the land, an eastern subdivision and a western subdivision, 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 subdivision 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 subdivision. (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. Within a few months of the execution of this deed, 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 upon which it wished to build a complex containing a hotel and shopping mall surrounded by high-rise buildings and luxury apartments. With respect to the 50-acre tract that the country club purchased from the land-development company, which of the following most accurately describes the deed restrictions (1) and (2)?

choices

  1. Affirmative covenant(s).
  2. Equitable easement(s).
  3. Express easement(s) appurtenant.
  4. Equitable servitude(s).

subject

professional_law

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Source and history

task_id
9c873ffe-d655-5455-9633-57b3755708c8
task_key
all--test--9c873ffe-d655-5455-9633-57b3755708c8
task_revision_id
1
config / split
all / test

Official source

initial import