Substrate Record: qid 1523

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qid 1523 · law

Question: In 1996, a developer purchased a 100-acre tract located in a northern county in a state. Shortly thereafter, the developer prepared a subdivision plan that created 100 one-acre residential building lots on this tract. In 1997, the subdivision plan was recorded with the county recorder's office. During the next few years, the developer sold 60 residential lots to individual purchasers. Each deed specified that every lot designated on the subdivision plan was to be recorded in the county recorder's office. Each deed also provided the following:"No house trailer or mobile home shall be built or maintained on any lot within the subdivision. "In 2003, the developer conveyed the remaining 40 lots to a builder by deed that included language identical to that contained in the first 60 deeds. This deed from the developer to the builder was recorded. By 2008, the builder had sold all of the 40 lots. Each of these deeds identified each lot as being a part of the subdivision, but did not include the clause relating to mobile homes. On January 30, 2009, a buyer, who had purchased one of the residential lots from the builder, placed a mobile home on his property. Which of the following statements is LEAST accurate with respect to the buyer's deed?

1. The buyer has no obligation to remove the mobile home.
2. All subsequent grantees of the builder would be in privity of contract.
3. The deed from the builder to the buyer did not include the covenant prohibiting mobile homes.
4. The covenant prohibiting mobile homes ran with the land as far as the builder, but not as far as the buyer.
5. All subsequent grantees of the builder would be in privity of estate.
6. The buyer should have had constructive notice of the restriction against mobile homes.
7. The buyer should have had actual notice of the restriction against mobile homes.
8. The covenant prohibiting mobile homes could be enforced by any subdivision lot owner.
9. The covenant prohibiting mobile homes was not recorded with the county recorder's office.
10. The covenant prohibiting mobile homes could only be enforced by the original developer.

Our answer: D. The covenant prohibiting mobile homes ran with the land as far as the builder, but not as far as the buyer. Source quote machine-checked (at mint)

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