Sanborn v. McLean
Michigan Supreme Court
206 N.W. 496 (1925)
Relevant factsFree
The McLaughlins owned a large tract and, in 1892 and 1893, conveyed several lots with residential-use-only restrictions; the McLeans (defendants) later bought a retained lot through a chain of title tracing back to the McLaughlins, but their own deed didn't expressly state the restriction. When the McLeans began building a gas station, Sanborn and other neighbors (plaintiffs) sued to enjoin the construction, and the trial court granted the injunction.
IssueFree
Whether the owners of a lot subject to a negative restrictive easement had knowledge of the restriction where their own conveyance did not expressly state it.