Carmichael v. Hall

Citations

• 33 Ohio C.C. Dec. 26
• 18 Ohio C.C. (n.s.) 259

Syllabus

<p>COVENANTS</p> <p>Uniform Restrictions as to Lots in Allotment Enforcible Against Aiioters.</p> <p>The rights of a purchaser of a lot in an allotment as to which the owners have adopted a uniform scheme of restrictions and limitations, made binding upon her by covenant in her deed, but not therein expressly covenanted to be binding upon the allotment owners, to compel said owners to impose similar restrictions upon all lots sold by them does not rest in contract, nor consist of an estate or easement in other lots, but flows from the inequity of allowing the abandonment of a uniform scheme of restrictions after the owners of the allotment have sold part of the lots on the faith of its enforcement as held out by them to the particular purchaser or the public at large.</p>