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Property Law Keyed to Singer
Evans v. Pollack
Facts
A subdivision was platted around a lake. The plat divided the property into seven blocks, A through G. Blocks A, B, and G were further divided into 31 lots. F is located on a hill and surrounded by lakefront lots. The McCormicks had title to A, B, and C. The Hornsbys had title to D, E, F, and G. When the lots went up for sale, the deeds contained substantially the same restrictive covenants, including a voting rights covenant. All the lots conveyed up to this point were lakefront lots, and the voting rights under the restrictive covenants were limited to lots with lake frontage. When the Hornsbys passed away, their property that did not have restrictive covenants passed to their devisees, who contracted to sell a part of G to Thomas Pollack (Defendant) to build a marina, a private club, and a condominium development. Charles Evans’ (Plaintiff) deed contained restrictive covenants and he sued for equitable relief under the implied reciprocal negative easement doctrine.
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