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15. In an appropriate action brought by the teacher to enjoin the farmer's proposed construction on one-half acre lots, the court will find the quoted restriction to be
After the landowner's death, the farmer desired to build houses on one-half acre lots in the East Peterhill tract as authorized by current applicable zoning and building codes in its municipality. The area surrounding East Peterhill in the municipality was developed as a residential community with homes built on one-half acre lots. West Peterhill was in a residential area covered by the other municipality's zoning code, which allowed residential development only on five-acre tracts of land.
The parties agree for themselves and their heirs and assigns that the premises herein conveyed shall be used only for residential purposes; that each lot created within the premises herein conveyed shall contain not less than five acres; and that each lot shall have not more than one single-family dwelling. This agreement shall bind all successor owners of all or any portion of Peterhill and any owner of any part of Peterhill may enforce this covenant.
A landowner owned a large tract of land known as Peterhill. During the landowner's lifetime, the landowner conveyed the easterly half (East Peterhill), situated in one municipality, to a farmer, and the westerly half (West Peterhill), situated in a different municipality, to a teacher. Each of the conveyances, which were promptly and properly recorded, contained the following language:
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A is incorrect. The facts do not suggest that any change in the condition of the neighborhood has occurred.
B is incorrect. Compliance with zoning regulations is not a prerequisite to a servitude being held valid.
C is incorrect. This answer tests your ability to differentiate between a covenant and a servitude. Privity of estate is only required in relation to a covenant, not a servitude such as this one. Note that simply calling the restriction a servitude or covenant within the fact pattern does not automatically make it one. The examiners will frequently attempt to trick you by referring to a restrictive covenant as a «servitude,» or (as they did in this question) referring to an equitable servitude as a «covenant» in the fact pattern.