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29. Does the man have the right to enjoin the neighbor's daughter from placing a detached storage shed in her yard?
Three years later, the neighbor gave his home to his daughter. Shortly after moving into the home, the daughter learned of the restriction. She informed the man that she planned to put a detached storage shed in her backyard, claiming that the restriction was not enforceable against her.
A man and his neighbor owned homes on adjacent lots in a subdivision. The subdivision's recorded restrictions did not prohibit detached storage sheds, and several homeowners in the subdivision had placed such sheds in their backyards. Because the man and the neighbor thought the sheds were unsightly, they both agreed in writing not to place detached storage sheds in their respective yards. Their agreement was drafted in recordable form and stated that it was enforceable by and against allassignees, heirs, and successors. The agreement was promptly recorded.
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A is incorrect. The general scheme of the subdivision does not make the equitable servitude binding.
B is incorrect. Privity is not required to bind successors.
C is incorrect. Whether the daughter received the property by gift or by sale is irrelevant to the enforceability of the equitable servitude.