Restrictive Covenant - Real Estate Law?

Question

I am a paralegal student. I would like to find out a possible solution to a hypothetical.

Arturo owned a seven acre tract, Skyacre, which was adjacent to a similarly sized meadow, Greenacre, owned by Benno.

In an effort to protect his view of Greenacre and sight line of the horizon, Arturo, without benefit of counsel, drafted a document stating that as owner of Skyacre him and his heirs will refrain from building on the property so that the view will not be obstructed in consideration for the amt of $25k. Documents were sworn and recorded. It is presumed valid.

After a long and happy life, Benno died, leaving all of his estate, including Greenacre, to his daughter, Carmie.

A year later Carmie built a home on the unimproved meadow of Greenacre. Later that same year, Arturo died, leaving all of his estate, including Skyacre to his son, Dante.

Does Dante have any rights as against Carmie according to the law of your state? Discuss and explain.

Please inform me!

Sorry. Here is the document that was drafted.

I, Benno, owner of Greenacre, on behalf of myself, my heirs, and assigns, grant Arturo, owner of Skyacre, his heirs, and assigns, the right to a view over Greenacre unobstructed by any building. In consideration of the sum of twenty five thousand dollars ($25,000.00) I hereby promise on behalf of myself, my heirs, and assigns to refrain from constructing any building thereon so that Arturo, his heirs, and assigns can view the horizon over Greenacre.

The documents have been signed by both parties.

Answer 1

Okay, I'll redo my answer since you clarified what is going on.

Yes, Dante has a case against Carmie for violation of the covenant. It was a real agreement, paid for in cash and is valid.

The biggest defense Carmie would have is if Dante watched her build it and didn't say anything. She could claim implied consent, which might or might not work. He should have slapped an injuction on her at the first notice of something being done on the property.

Answer 2

The only person that can take off covenants and restrictions off a deed is the original person that did it. However it is prudent to get the permissions of all parties affected including neighbors. Further if the covenants and restrictions were mandated by the municipality as a requirement for land use then chances are that they can not be taken off. Buena Suerte.

Answer 3

First off.."Does Dante have any rights as against Carmie according to the law of your state? ... What state are you in?

What you have to find is does your state allow " his heirs, and assigns" This is his daughter... to NOT have to follow the contract.

I suppose you have access to some sort of case law research,,, you need to search for.. Restricive covenant and heirs.. or look up in the state code " retrictive covenant" and see what it says.