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MMLU / A developer, owner of several hundred acres in a rural county, drafted a general…

Problem

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question

A developer, owner of several hundred acres in a rural county, drafted a general development plan for the area. The duly recorded plan imposed elaborate limitations and restrictions upon the land in the plan, which was to be developed as a residential district. The restrictions were to extend to all persons acquiring any of the lots and to their heirs, assigns, and lessees. It was further provided that all subsequent owners would be charged with due notice of the restrictions. Among those restrictions in the general plan were the following:(22) A franchise right is created in a strip of land 10 feet in width along the rear of each lot for the use of public utility companies with right of ingress and egress. (23) No house or structure of any kind shall be built on the aforementioned strip of land running through the said blocks. The court will most likely construe restriction (23) as a (an)

choices

  1. negative easement.
  2. equitable servitude.
  3. affirmative covenant.
  4. fee simple absolute.

subject

professional_law

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Source and history

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