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38. Should the court grant the injunction?
When the purchaser later began constructing a three-story house similar to the mother's, the mother sued to enjoin the construction.
Several years later, the son conveyed his vacant lot to a purchaser using a warranty deed that made no mention of the covenant in the previous deed from the mother. The purchaser promptly recorded her deed.
A mother subdivided vacant land that she owned into three lots. She kept one lot for herself, conveyed another to her daughter, and conveyed the remaining lot to her son. Each conveyance was by a deed of gift containing a covenant specifying that only one single-story home could be constructed on the conveyed lot in order to preserve views of a nearby lake from the mother's lot. The deeds were promptly recorded. The mother then constructed a large three-story house on her lot.
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A is incorrect. The equitable servitude does not limit the mother to building only a one-story house, because the burden was only on the son's lot and did not apply to the mother's lot. Thus, the mother was permitted to build a three-story house on her lot without being estopped from enforcing the covenant against the purchaser of the son's lot.
B is incorrect. The mother created an equitable servitude, which may be given by deed of gift when she conveyed the third lot to her son. That deed was in writing and recorded, giving the purchaser constructive notice of the servitude.
D is incorrect. It is irrelevant whether the mother is in privity of contract with the purchaser. The son had privity of contract with his mother, who created an equitable servitude when she conveyed the third lot to him.