Property Law Keyed to Dukeminier
Guillette v. Daly Dry Wall, Inc
There are two lots located in a subdivision in controversy. One has a recorded deed containing references to a plan and restrictions that are applicable to every lot in the subdivision. The second later deed from the same grantor did not refer to the restrictions, but did refer to the plan. Plaintiffs brought suit to enjoin the Defendant from constructing an apartment building on their lot, citing to the restrictions contained in their deed. The trial court found for the Plaintiffs and Defendant appealed.
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