Birch Woods Development,Inc. ,includes,on the map of a twenty-lot development,a restriction that limits construction on each lot to one single-family house.Birch files the map in the appropriate public office.In each lot's deed is a reference to the map and a provision that each buyer "and his or her successors,heirs,or assigns" are bound to it.Cub buys one of the lots and later sells it to Dag.With respect to the restriction,Dag is
A)bound.
B)not bound,because Dag is not a "successor,heir,or assign."
C)not bound,because Dag is not the original buyer of the lot.
D)not bound,because of a lack of sufficient notice in the deed.

Question

Quizplus · Accepted Answer

Dag is bound by the restriction because the provision in each deed references the map and binds "successors, heirs, or assigns." Dag is Cub's assign and thus bound to the restriction. It does not matter that Dag is not the original buyer of the lot, as the provision specifically applies to successors and assigns. Additionally, the fact that the map was filed in the appropriate public office provides sufficient notice of the restriction.