Get more case briefs explained with Quimbee. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks ► [ Ссылка ]
Sanborn v. McLean | 206 N.W. 496 (1925)
A backyard can be a place for gardening, playing catch, or relaxing with friends and family. But why settle for these when you can build a gas station instead? That’s what Christina McLean did in her upscale residential neighborhood. But the neighbors were unimpressed, and they decided to teach McLean a thing or two about land-use restrictions in the case of Sanborn versus McLean.
McLean owned lot number 86 in a residential subdivision in Detroit. The subdivision was created by two developers, who initially owned all of the lots.
Before the developers sold lot 86, they sold about 20 other lots to individual buyers. The deed to each of these lots included a restriction, or servitude, that limited the lot to residential use. The developers later sold lot 86 to one of McLean’s predecessors. However, that deed didn’t include any restrictions.
Eventually, the McLeans bought lot 86. None of the deeds in the history of the lot contained a residential restriction. There was a partially built house on the lot, which the McLeans completed and occupied. At this time, all of the surrounding lots likewise contained houses. Several years later, McLean began building a gas station behind her house.
The neighbors sued, claiming that McLean’s lot was impliedly subject to the same residential restriction that appeared in their deeds. In other words, the neighbors argued that McLean was bound by a so-called implied reciprocal servitude that restricted her lot to residential use.
McLean argued that the neighbors couldn’t enforce the restriction against her because it didn’t appear in her deed and she didn’t have notice of the restriction.
McLean lost in the trial court, which ordered her to stop construction. She appealed directly to the Michigan Supreme Court.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]
The Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Try it free for 7 days! ► [ Ссылка ]
Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]
Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]
Quimbee Case Brief App ► [ Ссылка ]
Facebook ► [ Ссылка ]
Twitter ► [ Ссылка ]
#casebriefs #lawcases #casesummaries
Sanborn v. McLean Case Brief Summary | Law Case Explained
Теги
Sanborn v. McLeanbriefsquimbeelaw casecase brief examplebrief casecase briefpress briefcase summarieslegal briefhow to brief a casecase brief templatelegal brief casehow to write a case brieflegal brief examplesample case briefcase brief formatexample of a brieflaw briefslegal brief definitionwhat is a brief in lawwhat is a case briefcourt briefbrief definition lawlegal brief templatefacts of the casecase summary example
