View this case and other resources at: Citation. 396 U.S. 435, 90 S. Ct. 628, 24 L. Ed. 2d 634, 1970 U.S. Brief Fact Summary. Land was conveyed to a city, but the grantor wanted it used exclusively by white people. His intention could not be fulfilled, so the land reverted to his heirs. Synopsis of Rule of Law. When the general charitable intent of a testator cannot be carried out, the charitable trust will fail and revert to the grantor or his heirs. ...

View this case and other resources at: Citation. 806 P.2d 1054 (N.M. 1991). Brief Fact Summary. Homeowners in a subdivision sue the developer, alleging he broke restrictive covenants. Synopsis of Rule of Law. Provisions allowing for the amendment of restrictive covenants will be allowed, as long as the amendments are reasonable so as not to destroy the general plan or scheme of the development. ...

View this case and other resources at: Citation. 334 U.S. 1, 68 S. Ct. 836, 92 L. Ed. 1161, 1948 U.S. Brief Fact Summary. A group of property owners signed an agreement that would prevent minorities from buying property in the neighborhood. Synopsis of Rule of Law. If a covenant is racially discriminatory, judicial enforcement would constitute state action and thus be in violation of the Fourteenth Amendment. ...

View this case and other resources at: Citation. 233 Mich. 227, 206 N.W. 496, 1925 Mich. 60 A.L.R. 1212. Brief Fact Summary. A subdivision consists mainly of residential properties. A lot in a subdivision is sold without restrictions and the lot owner attempts to build a gas station on it. Synopsis of Rule of Law. A reciprocal negative easement is attached to all lands sold in a common development scheme, and even though a restriction is outside of the direct chain of title, subsequent buyers will be deemed to have constructive notice because of their duty to check the title ...

View this case and other resources at: Citation. 17 Cal. 3d 500, 551 P.2d 1213, 131 Cal. Rptr. 381, 1976 Cal. Brief Fact Summary. A couple attempted to make improvements to their property in violation of a development restriction that was made after the couple purchased their land. Synopsis of Rule of Law. A restriction that is not recorded at the time of the purchase will not be enforceable against the purchaser, even if the purchaser orally promised to be bound by the restrictions. ...

View this case and other resources at: Citation. 707 S.W.2d 407, 1986 Mo. Brief Fact Summary. An association wanted to establish a group home for unrelated mentally retarded persons. A neighbor claimed the use would violate a covenant in the neighborhood. Synopsis of Rule of Law. Property restricted to a single or double family dwelling refers to an architectural style rather than the relationship between the people in the residence, so unrelated people can live together without violating a restrictive covenant. Further, a group home is a residential, not commercial use of p ...

View this case and other resources at: Citation. 796 S.W.2d 465, 1990 Tex. 33 Tex. Sup. J. 565. Brief Fact Summary. A property owner subdivides his or her property into lots and sells those lots with restrictive covenants which will further the owner's general development scheme. Synopsis of Rule of Law. For the doctrine of implied reciprocal negative easements to apply, a development scheme may impose restrictions on only similarly situated lots. ...

View this case and other resources at: Citation. 692 S.W.2d 825, 1985 Mo. App. L. Brief Fact Summary. A cable company installed cable wires on a property and was accused of violating an easement for telephone and electric lines. Synopsis of Rule of Law. Easements in gross are interpreted broadly in order to serve the primary goal of the easement. ...

View this case and other resources at: Citation. 32 Wn. App. 318, 647 P.2d 51, 1982 Wash. App. Brief Fact Summary. A couple sold a portion of their land and obtained a promise of an easement over a part of it. The other couple refused to formally grant the easement as promised. Synopsis of Rule of Law. When the benefit runs with the land, it is attached to that particular parcel of land and is called an appurtenant easement. ...