Question

A landowner owned a large tract of land in an area zoned for medium residential use. Permitted uses in this zone are single-family dwellings, condominium and townhouse developments, and moderate density apartment complexes. The landowner subdivided her land into 10 lots and conveyed each lot by a deed restricting the land to single-family use. All deeds were duly recorded and all lots were developed as single-family homes.
The owner of lot 1 died and his property passed by will to his niece. Some time later, the owner of lot 3 sold his property to a buyer by a deed that did not contain the covenant limiting use to single-family dwellings. The buyer subsequently sold lot 3 to her friend, and did not include the covenant in the deed. Both deeds were duly recorded. A storm destroyed the friend's home, and in its place he began to build a three-unit townhouse.

May the niece sue to enforce the covenant against the friend to prevent him from building the townhouse on lot 3?
A. No, because there is no privity with the friend.
B. No, because the zoning laws have not been violated.
C. No, because there was no restriction in the friend's deed.
D. Yes, because the friend's townhouse would alter the landowner's common scheme.

Answer 1

Answer:

B

Explanation: Online School