Wallace v. Clifton Land Co.

Citations

• 92 Ohio St. (N.S.) 349

Syllabus

<p>Real property — Uniform restrictions in deeds — Injunction—Rights of individual or united lot owners — Power of eminent domain —Supersedes contract or covenant, when — Streets and alleys— Establishment by private proprietors — Public dedication and acceptance necessary, when.</p> <p>1. Where uniform restrictions are imposed, according to a general plan of allotment, upon all the lots therein, the owner of the allotment covenanting in the deed of conveyance of each separate lot that all sales or leases of other lots in that allotment, similarily located, shall be sold or leased subject to such restrictions, an owner of any lot or lots in such addition may maintain an action to enjoin the owner of any other lot or lots in that allotment from using the same- for purposes other than the uses to which they are restricted.</p> <p>2. The owners of other- lots in that allotment, or any number of them, may unite in an action against any lot owner, to enforce by injunction the restrictive covenants written into each deed, in pursuance of the general plan of allotment.</p> <p>3. No contract or covenant in a deed restricting the real estate conveyed to/certain uses and prohibiting other uses thereof, will operate to prevent the state or any body politic or corporate, having the authority to exercise the right of eminent domain, from appropriating such property to public use.</p>