Law School Final (property law question)

[beset7]

Property Exam in 2 hours. I can't remember what constitutes constructive notice within the context of an implied negative servitude and I can't get up to the school to ask a classmate. Any law students here?

[Bulbarainey]

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

[beset7]

[ QUOTE ]
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

[/ QUOTE ]

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.

[Voltron87]

The more I hear people who actually go to law school talk about law school the less I want to go.

[beset7]

[ QUOTE ]
The more I hear people who actually go to law school talk about law school the less I want to go.

[/ QUOTE ]

Count yourself lucky if you get some exposure before-hand. It's really not for most people and I've seen a lot of people spend a lot of money and suffer greatly only to discover they (a) don't want to finish (b) don't want to be an attorney.

That being said I really enjoy it. This last year has been the hardest year of my life but I feel good about what I've accomplished.

[elwoodblues]

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