Riley v. Bear Creek Planning Committee

I dissent.

I cannot subscribe to the majority’s conclusion that a buyer of a subdivision lot, who takes his deed with actual knowledge of a general plan of mutual restrictions applicable to the entire subdivision and who conducts himself for many years in a manner which demonstrates his belief that such restrictions apply to his property, may thereafter violate all such restrictions with impunity simply because the restrictions were *513inadvertently omitted from his individual deed. Contrary to the majority’s suggestion, we need not decree this inequitable result in order to prevent fraud to…