Owner held 500 acres in fee simple absolute. In 1960 Owner platted and obtained all required governmental approvals of two subdivisions of 200 acres each. In 1960 and 1961 commercial buildings and parking facilities were constructed on one subdivision, Royal Center, in accordance with the plans disclosed by the plat for that subdivision. Royal Center continues to be used for commercial purposes. The plat of the other subdivision, Royal Oaks, showed 250 lots, streets, and utility and drainage easements. All of the lots in Royal Oaks were conveyed during 1960 and 1961. The deeds contained provisions, expressly stated to be binding upon the grantee and the grantee's heirs and assigns, requiring the lots to be used only for single-family, residential purposes until 1985. The deeds expressly stated that these provisions were enforceable by the owner of any lot in the Royal Oaks subdivision. At all times since 1949, the 200 acres of Royal Center have been zoned for shopping center use, and the 200 acres in Royal Oaks have been zoned for residential use in a classification which permits both singlefamily and multiple-family use."For this question only, assume that Owner now desires to open his remaining 100 acres as a residential subdivision of 125 lots (with appropriate streets, etc.). He has, as an essential element of his scheme, the feature that the restrictions should be identical with those he planned for the original Royal Oaks residential subdivision and, further, that lot owners in Royal Oaks should be able to enforce (by lawsuits) restrictions on the lots in the 100 acres. The zoning for the 100 acres is identical with that for the 200 acres of Royal Oaks residential subdivision. Which of the following best states the chance of success for his scheme?
He can restrict use only to the extent of that imposed by zoning (that is, to residential use by not more than four dwelling units per lot).  He cannot restrict the 100 acres to residential use because of the conflicting use for retail commercial purposes in the 200 acres composing the shopping center. He cannot impose any enforceable restriction to residential use only. Any chance of success depends upon the 100 acres being considered by the courts as a part of a common development scheme which also includes the 200 acres of Royal Oaks
Question: Owner held 500 acres in fee simple absolute. In 1960 Owner platted and obtained all required governmental approvals of two subdivisions of 200 acres each. In 1960 and 1961 commercial buildings and parking facilities were constructed on one subdivision, Royal Center, in accordance with the plans disclosed by the plat for that subdivision. Royal Center continues to be used for commercial purposes. The plat of the other subdivision, Royal Oaks, showed 250 lots, streets, and utility and drainage easements. All of the lots in Royal Oaks were conveyed during 1960 and 1961. The deeds contained provisions, expressly stated to be binding upon the grantee and the grantee's heirs and assigns, requiring the lots to be used only for single-family, residential purposes until 1985. The deeds expressly stated that these provisions were enforceable by the owner of any lot in the Royal Oaks subdivision. At all times since 1949, the 200 acres of Royal Center have been zoned for shopping center use, and the 200 acres in Royal Oaks have been zoned for residential use in a classification which permits both singlefamily and multiple-family use."For this question only, assume that Owner now desires to open his remaining 100 acres as a residential subdivision of 125 lots (with appropriate streets, etc.). He has, as an essential element of his scheme, the feature that the restrictions should be identical with those he planned for the original Royal Oaks residential subdivision and, further, that lot owners in Royal Oaks should be able to enforce (by lawsuits) restrictions on the lots in the 100 acres. The zoning for the 100 acres is identical with that for the 200 acres of Royal Oaks residential subdivision. Which of the following best states the chance of success for his scheme?
A. He can restrict use only to the extent of that imposed by zoning (that is, to residential use by not more than four dwelling units per lot). 
B. He cannot restrict the 100 acres to residential use because of the conflicting use for retail commercial purposes in the 200 acres composing the shopping center.
C. He cannot impose any enforceable restriction to residential use only.
D. Any chance of success depends upon the 100 acres being considered by the courts as a part of a common development scheme which also includes the 200 acres of Royal Oaks
Answer: