Implied Reciprocal Negative Servitude Cases

Question 1

Sanborn v. McLean

Answer 1

Even though the McCleans didn’t have deed restrictions, they were on constructive notice of the ** deed restrictions around them ** and the court found there was an intent to create a common plan.

Question 2

Evans v. Pollock

Answer 2

The general plan or scheme may be the restrictions that only apply to ** certain well defined, similarly situated lots ** for the doctrine to apply. There was no proof that the developer intended to create the interior lots as residential developments

Question 3

Riley v. Bear Creek

Answer 3

Buyers who purchased lots after the declaration was recorded were subject to restrictions but not the ones who bought their lots before