Several acres zoned for mixed use development

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Reference no: EM133854056

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A developer owned several acres zoned for mixed use development. The developer prepared a subdivision of his various parcels, filed a subdivision map showing residential lots, obtained all the necessary approvals, and began selling the lots. Each of the deeds conveying lots sold by the developer contained the following: It is hereby covenanted by the seller that the property conveyed shall be used for residential purposes only, that no industrial, commercial, or manufacturing operations shall be maintained thereon, and that this covenant shall bind the buyer, his heirs and assigns, and their successors. Two years later, after all but two of the lots had been developed as residences, the developer sold his remaining two lots to a real estate speculation firm. The deed to the firm did not contain any language restricting the use of the property. The firm than sold the property to a supermarket chain, which intended to construct a supermarket thereon. A homeowner who had purchased a lot from the developer located next to the proposed supermarket chain brings suit against the supermarket chain seeking to enjoin construction. Her attorney argues that the lots sold by the developer to the firm and then to the supermarket chain are bound by the same restrictions on use that are contained in the deed by which the homeowner took her property. Is the homeowner likely to win? (A) Yes, because the developer established a common development scheme for his entire subdivision and the sub.

Reference no: EM133854056

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