Recent Important Decisions

Building Restrictions – Single Private Dwelling on One Lot – What Is One Lot? Land was platted into sixty foot lots and conveyed from time to time to various purchasers subject to restriction, inter alia, that “There shall be nothing but a single private dwelling with the necessary outbuildings erected on each lot” Defendant became the owner of the westerly ten feet of lot 5o and the easterly forty feet of lot 51; the remaining twenty feet of lot 51 and the whole of lot 52 adjoining lot 51 on the other side became the property of plaintiff. Defendant being about to build a dwelling on the fifty feet owned by him, plaintiff sought to enjoin such building as being in violation of the restriction. Held, (Brooke, Kuhn, and Bird, J. J. dissenting) that injunction should be denied. Guan v. Fitzpatrick, (Mich. i918), i68 N. W. 1007.