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Source Covenants Complete Real Property List Matched to this deck.

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A subdivision declaration recorded by the developer restricts all lots to residential use. A later buyer with record notice begins operating a commercial event venue on a lot. A neighbor seeks an injunction.
Which rule is most relevant?

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A court may enforce an equitable servitude by injunction when the parties intended the restriction to bind successors, the restriction touches and concerns the land, and the burdened successor had notice. An equitable servitude can be enforced only by the original developer, never by another lot owner. A successor is bound only if the restriction is repeated word for word in that successor's deed. An equitable servitude requires horizontal privity in every case.

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