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MMLU / A plat restriction in a residential subdivision stated that "no structure shall…

Problem

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question

A plat restriction in a residential subdivision stated that "no structure shall be built except for dwelling purposes." A dwelling was erected on one of the lots. Later, the owner of the dwelling attempted to use it as a dental office. The other owners in the subdivision asked the court to enjoin the intended use. Leaving aside zoning issues, will the court likely grant the request to prohibit the intended use?

choices

  1. No, the wording is ambiguous and therefore any use is now permitted.
  2. The wording only restricts the building of the structure and does not restrict its later use so that the owner is entitled to change the use.
  3. The intention was to enforce a residential use of the property so that the intended change in use will not be allowed.
  4. A professional use of a building cannot be prohibited by a land restriction.f

subject

professional_law

Discussion

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Source and history

task_id
c06ea477-a6cc-5c79-a65c-cfc2e26aacd5
task_key
all--test--c06ea477-a6cc-5c79-a65c-cfc2e26aacd5
task_revision_id
1
config / split
all / test

Official source

initial import