Property Law Keyed to Cribbet
Sanborn v. McLean
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Defendant and her husband own the west 35 feet of lot 86 in the Green Lawn subdivision in Detroit. On this lot, there is a house, which fronts an avenue. In the back of the house, there is an alley, where Defendants started construction on the gas station. The neighboring property owners sued to enjoin the construction. The lower court granted the injunction. The neighborhood in question is a high-grade residence street and the Plaintiffs, as well as the Defendants, trace their title back to the original proprietors of the subdivision. Plaintiffs contend that the Defendants were subject to a reciprocal negative easement, which limited the use of the lots in the neighborhood to residential use only.
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