COVENANTS - EFFECT OF CHANGE OF CONDITIONS ON EQUITABLE RESTRICTIONS

Authors

Dan K. Cook, University of Michigan Law SchoolFollow

Abstract

Plaintiff was a lot owner in a residential district consisting of twenty-three blocks. Each lot in the district was subject to a restriction, imposed by the grantor, which limited the use of the lots to residence purposes. Subsequent to the imposition of this restriction, numerous oil and gas wells had been drilled in the territory surrounding the district, so that the lots in the district had depreciated in value approximately thirty-five to fifty per cent. By ordinance, the use zoning area which included the district had been changed from a residence use to an oil and gas use. At the time of the plaintiff's action, approximately half of the lot owners had manifested a desire to be relieved from the restriction, either by making oil and gas leases, or by signing circulated petitions of waiver of the restriction. In an action by the plaintiff, it was held, in a seven to two decision, that there had not been a sufficient change of condition to warrant the denial of an injunction. Southwest Petroleum Co. v. Logan, 180 Okla. 477, 71 P. (2d) 759 (1937).

Recommended Citation

Dan K. Cook, COVENANTS - EFFECT OF CHANGE OF CONDITIONS ON EQUITABLE RESTRICTIONS, 36 Mich. L. Rev. 1389 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss8/15