Oscar, the owner in fee simple, laid out a subdivision of 325 lots on 150 acres of land. He obtained governmental approval (as required by applicable ordinances) and, between 1968 and 1970, he sold 140 of the lots, inserting in each of the 140 deeds the following provision: "The Grantee, for himself and his heirs, assigns and successors, covenants and agrees that the premises conveyed herein shall have erected thereon one single-family dwelling and that no other structure (other than a detached garage, normally incident to a single-family dwelling) shall be erected or maintained; and, further, that no use shall ever be made or permitted to be made other than occupancy by a single family for residential purposes only." Because of difficulty encountered in selling the remaining lots for single-family use, in January 1971, Oscar advertised the remaining lots with prominent emphasis: "These lots are not subject to any restriction and purchasers will find them adaptable to a wide range of uses.""Payne had purchased one of the 140 lots and brought suit against Oscar to establish that the remaining 185 lots, as well as the 140 sold previously, can be used only for residential purposes by single families. Assuming that procedural requirements have been met to permit adjudication of the issue Payne has tendered, which of the following is the most appropriate comment?
Oscar should win because the provision binds only the grantee. The outcome turns on whether a common development scheme had been established for the entire subdivision. The outcome turns on whether there are sufficient land areas devoted to multiplefamily uses within the municipality to afford reasonable opportunity for all economic classes to move into the area so as to satisfy the standards of equal protection of the law. Payne should win under an application of the doctrine which requires construction of deeds to resolve any doubt against the grantor.
Question: Oscar, the owner in fee simple, laid out a subdivision of 325 lots on 150 acres of land. He obtained governmental approval (as required by applicable ordinances) and, between 1968 and 1970, he sold 140 of the lots, inserting in each of the 140 deeds the following provision: "The Grantee, for himself and his heirs, assigns and successors, covenants and agrees that the premises conveyed herein shall have erected thereon one single-family dwelling and that no other structure (other than a detached garage, normally incident to a single-family dwelling) shall be erected or maintained; and, further, that no use shall ever be made or permitted to be made other than occupancy by a single family for residential purposes only." Because of difficulty encountered in selling the remaining lots for single-family use, in January 1971, Oscar advertised the remaining lots with prominent emphasis: "These lots are not subject to any restriction and purchasers will find them adaptable to a wide range of uses.""Payne had purchased one of the 140 lots and brought suit against Oscar to establish that the remaining 185 lots, as well as the 140 sold previously, can be used only for residential purposes by single families. Assuming that procedural requirements have been met to permit adjudication of the issue Payne has tendered, which of the following is the most appropriate comment?
A. Oscar should win because the provision binds only the grantee.
B. The outcome turns on whether a common development scheme had been established for the entire subdivision.
C. The outcome turns on whether there are sufficient land areas devoted to multiplefamily uses within the municipality to afford reasonable opportunity for all economic classes to move into the area so as to satisfy the standards of equal protection of the law.
D. Payne should win under an application of the doctrine which requires construction of deeds to resolve any doubt against the grantor.
Answer: