...restrictions upon 53 of the 91 lots fronting on Collingwood avenue, and that defendants' lot is subject to a reciprocal negative easement barring a use so detrimental to the enjoyment and value of...its neighbors. Defendants insist that no restrictions appear in their chain of title and they purchased without notice of any reciprocal negative easement, and deny that a gasoline station is a nuisance...per se. We find no occasion to pass upon the question of nuisance, as the case can be decided under the rule of reciprocal negative easement. This subdivision was planned...

...others (collectively "Schriver") for an order declaring certain real property in a subdivision subject to a negative reciprocal easement against..., Dwight Pettus. Neither the deed to Mosteller nor to Schriver contains a restriction against mobile homes. Gambrell contends a negative reciprocal easement was created over the...reciprocal negative easement. Bomar, 244 S.E.2d at 310. Ordinarily, four elements must be established to show a reciprocal negative easement. There...

...restriction expired in 1938. Thereafter the defendant sought to erect the building in question. Plaintiffs claim that the lot of defendant is burdened with a reciprocal negative easement, restricting the...longer subject to them. On the trial, the court found in accordance with plaintiffs' contention that defendant's property was burdened with a reciprocal negative easement; and granted the issuance of...subject to a reciprocal negative easement, restricting the land thereafter to conformity with the plan. Reciprocal negative easements are discussed in 14 Am. Jur. p. 612, §§ 199, 200...

...residence. That same year plaintiffs notified the defendants that such a use of lot 1 was a commercial undertaking; that the language in their deeds attached a reciprocal negative easement to lot 1; and.... The lower court found that a reciprocal negative easement had been created and that the operation of a convalescent home was a violation of the restriction. A decree was entered permanently enjoining...defendants' use of the land for such purpose. Both parties agree upon the definition and effect of a reciprocal negative easement. There must have been a common owner of the...

...determination that four other lots in the subdivision are subject to an implied negative reciprocal easement barring mobile homes and requested an injunction requiring removal of four double-wide...manufactured homes which had been placed on those lots. The chancellor heard evidence ore tenus and found that an implied reciprocal negative easement prohibits the placement of mobile homes on...favorable to the prevailing party in the proceedings before the chancellor. 2. An implied reciprocal negative easement arises...

.... BUTZEL, J. This is a bill in equity to enforce a claimed "reciprocal negative easement" under... the express restrictions in the deeds to lots 28 and 55, and the references to restrictions "of record" or which "run with the land" in other deeds subjected lots 50 and 51 to a reciprocal negative easement. In...we assume but do not determine. The principles applicable to the rule of "reciprocal negative easement" were classically stated by Mr. Justice WIEST in Sanborn v. McLean...

...restriction, and alternatively was burdened by an implied reciprocal negative easement precluding use of the property for business activities. The trial court also awarded the Residents trial and appellate...the Residents' standing to enforce a restrictive covenant, the existence of a valid express restrictive covenant, application of the doctrine of implied reciprocal negative easement to imply such a...equitable easements are created"). The doctrine of implied reciprocal negative easement applies when a developer sells a substantial number of lots within a subdivision by deeds containing the restrictive...

.... As to Cook v. Bandeen, we affirm. Costs to appellees. We likewise agree with the chancellor's view of the reciprocal negative easement problem...restricted deeds, and subsequent to the granting of the restricted deeds had been reconveyed to defendants. The chancellor found defendants bound by reciprocal negative easements as to the 2 blocks described in the unrecorded plat lying east of Anna street. He said: "In determining the second case which is the reciprocal negative easement case...followed. However, this would not preclude the other owners of lots in the area from enforcing the reciprocal negative easement, as is evidenced in the case of Schadt v. Brill, 173...

...subdivider to some lot buyers to exclude colored people from use and occupancy did not create a reciprocal negative easement. The definition of a reciprocal negative easement set..., during the period of restraint, the owner of the lot or lots retained can do nothing forbidden to the owner of the lot sold. For want of a better descriptive term this is styled a reciprocal negative easement. It...reciprocal negative easement upon lots thereafter sold. We find no evidence that defendants had legal notice of anything more than the building restrictions. The building...

...by an implied reciprocal negative easement that precludes the property from being used for any other purpose in perpetuity. The trial court granted summary judgment for the golf course property's...owners, holding it is not burdened by an implied reciprocal negative easement as a matter of law. The court of appeals affirmed. We agree and...course property "is free of any use restriction or encumbrance by way of an implied reciprocal negative easement that limits the use of the said property as a golf course, country club, recreational...

...as to platted portion — Doctrine of reciprocal negative easement — Does not obtain in Ohio — Drive-in theater not nuisance per se. 1. Where a plat of a portion of a tract of..., particularly the 12-acre tract leased to the appellant corporation, was subject to a reciprocal negative easement. This doctrine is to the effect that, where the owner sells a portion of a tract, or lots..., 295 Mich. 223, 294 N.W. 163, found this fact to be essential in order to establish a reciprocal negative easement. The factual situation in the...

...merged the agreement to convey in the deed and whether the property is subject to an implied reciprocal negative easement. Lexington...reciprocal negative easement that would prevent the use of First Federal's property as a motel and restaurant. I. We...implication from the language of the deeds, or from the conduct of the parties." 20 Am. Jur.2d Covenants, Conditions, and Restrictions § 173 at 732 (1965). For a reciprocal negative easement to...

...Kathan v. Stevenson, 307 Mich. 485. The relief sought is to enforce a claimed reciprocal negative easement respecting property adjoining the property involved in...

..., that purported 2003 "amendments" to "extend" the covenants were void, and that the covenants cannot be enforced under an implied negative reciprocal easement theory. Appellees bring a cross-appeal...reciprocal negative easement In the alternative, appellees plead that even if the express deed restrictions had expired, the Owenses were still barred from placing a mobile...home on their property under an implied reciprocal negative easement theory. An implied reciprocal negative easement may arise or operate...

...zoning ordinances, and a reciprocal negative easement. The trial court found for the Leuthers on all counts and awarded them $500 in attorney fees as a sanction against the Laulos. The Laulos appeal...

...on the case of Sanborn v. McLean, 233 Mich. 227 (60 A.L.R. 1212), where the principle of a reciprocal negative easement, the...of a corner lot desired to use the rear for an oil station. There was no question but that a reciprocal negative easement had been imposed on...negative easement was created and attached to lot 12 so that it may only be used for residence purposes. Lot 12 adjoins two lots, whose use has been restricted to residence purposes. Plaintiffs rely...

...and 53 does not specify where the restrictions are recorded, and the doctrine of implied reciprocal negative easement cannot apply in the absence of a common grantor. In addition, the Trust asserts...to Lots 52 and 53. We overrule the Trust's third issue. Implied Reciprocal Negative Easement The trial court's Conclusion of Law number 21...stated, The doctrine of reciprocal negative easement applies to Outpost Estates, Section One, in that the subdivision is encumbered by recorded instruments...

...Association) has standing to protect the valuable property rights of its members by enforcing the prohibition on the use of motorboats, and the motorboat restriction is a negative reciprocal easement because...that, though not recorded, the motorboat restriction applies to HLE No. 3 as a reciprocal negative easement. The lot owners filed a motion for summary disposition and argued that...a prohibition on the use of motorboats. C. RECIPROCAL NEGATIVE EASEMENT Defendants also say that the doctrine of...

.... I. 25 FEET RESTRICTION: ENFORCEABLE AS RECIPROCAL NEGATIVE EASEMENT? Restrictions on the use of land may be..., 66 S.E.2d 327, 331 (1951). Ordinarily, four elements must be established to show a reciprocal negative easement. (1) There must be a common...reciprocal negative easement Reyner could enforce. II. REMAINING EXCEPTIONS Based upon oral argument and a careful...