[beset7]

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a common scheme or plan can give constructive notice of implied negative easments: ie: the whole neighborhood is SFR only, yours probably is too, I think thats from Sanborn v. McLean

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That's right. I remember Sanborn now. I guess it's a matter of interpretation but I wonder how much evidence of a "general plan" is needed. Since we prefer real convenants or written equitable servitudes, it seems like the standard should be/is pretty high to imply one and if the notice element is questionable... I have a feeling like I would need to show more then just that all of the houses so far have been SFR absent some sort of express restrictive covenant in the deed.

Thanks for the reply.