Landlord owned three consecutive lots

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Landlord owned three consecutive lots on Oak Avenue. At one end, Lot 1 contained an office building, The Towers, leased to various tenants; in the middle, Lot 2 was a lot posted for use solely by the tenants and guests of the other two lots for parking; at the other end, Lot 3 contained a restaurant, The Texmex restaurant, operated by Landlord. In 1998, Landlord leased The Texmex to Charles for 15 years at rent of $1,000 per month under a written lease providing in relevant part: "Tenant shall operate only a restaurant on the premises. Landlord shall not operate a restaurant within 5 miles of the premises during the term of the lease. Tenant and his or her guests shall have the right to use Lot 2 for parking." In March 2001, Charles assigned the lease to The Texmex to Andy after he had reviewed it. The lease did not contain any provision restricting assignment. Although Landlord did not express consent to the assignment, he nevertheless accepted monthly rental payments from Andy. In April 2005, Landlord sold Lot 1 and Lot 2 to Beatrix after she had inspected both lots. Beatrix immediately recorded the deeds. Landlord retained ownership.

Reference no: EM134032183

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