MBE Property Question!!!
Posted: Fri Feb 14, 2020 6:48 pm
A man and his neighbor owned homes on adjacent lots in a subdivision. They both agreed in writing not to place a storage unit in their yards. Their agreement was drafted in recordable form and stated that it was enforceable by and against all assignees, heirs, and successors. The agreement was promptly recorded. 3 years later, the neighbor conveyed his home to his daughter. The daughter informed the man she wanted to build a storage unit in her yard, claiming that the restriction wasn't enforceable against her. Can the man enjoin the daughter from building the storage unit?
The answer is that the man can enjoin the daughter from building the storage because the restriction is binding on the daughter as a successor.
I thought the answer was that because there's no horizontal privity between the man and the neighbor, that's why the man cannot enjoin the daughter from building the storage. Can someone please confirm whether or not there is horizontal privity here? I'm so confused! I thought horizontal privity is like grantor/grantee, landlord/tenant, mortgagor/mortgagee. Here, it's just a man and a neighbor...
The answer is that the man can enjoin the daughter from building the storage because the restriction is binding on the daughter as a successor.
I thought the answer was that because there's no horizontal privity between the man and the neighbor, that's why the man cannot enjoin the daughter from building the storage. Can someone please confirm whether or not there is horizontal privity here? I'm so confused! I thought horizontal privity is like grantor/grantee, landlord/tenant, mortgagor/mortgagee. Here, it's just a man and a neighbor...