FACT PATTERN

A new client, Ms. Brown has come to your firm in need of assistance with some problems in her subdivision. She and her neighbors are the owners of the lots that comprisethe "up-scale" Butter Brook subdivision in city of Anywhere Massachusetts.The developer ABC Builder, Inc. (hereinafter ABC) had originally planned on building all the homes in the subdivision. ABC did build 8 houses, on lots 1 through 8, but because of a cash flow problem ABC sold the remaining lots , 9 through 24, to purchasers who will make their own arrangements to construct their homes.

The Quickbuck Brothers, bought lots 9 and 10 and have built houses radically different from those ABC built. The Quickbuck houses are much smaller that the ABChouses, are very "low scale" intheir appearance and were built with the intent of selling them as quickly as possible, for as much as possible.

All lot owners were given marketing material by ABC that stated the homes to be built would be of comparable quality, with at least 3000 square feet of living space, occupying up to 40% of the lot and have a 50 foot deep front lawn. It further stated that no aboveground pool or sheds would be allowed. The Quickbuck houses have metal garden sheds that house the filter and pump for the aboveground pools located in the yards of each house. None of the marketing material have been recorded in the registry of deeds but in the deeds of Lot 1 through 8 and lots 16 through 24, ABC added the following language:

Lots in this subdivision shall not have aboveground pools or ancillary building other than a 3 car garage.

The Quickbuck Brothers don't think they are bound by either the marketingmaterial or the language in the deeds to other lots. The lot owners other than Quickbuck want to be able to rely upon the marketing materials.

Ms. Brown called the City Building Inspector to ask if the Quickbuck Brothers houses comply with Town zoning . The Building Inspector told her that if she or the other lot owners complained about his son's, the Quickbuck Brothers, houses he would change the zoning on the lots to allow car dealers and self-storage facilities. When she checked the zoning map she found that the Butter Brook subdivisionyou couldn'tbe located in any zone.

You examination of the title to the subdivision has revealed the following issues.

1. A)John Smith conveyed the base tract to Mary Smith on 1/1/50
2. It appears though, that John only has 75% interest in the property at the time. He did inherit the remaining 25% interest in 1955
3. B)Mary sold the land to Gerry Green on 1/1/2020. Her Will, executed on 1/1/1951, specifically devised the property to her nephew Wayne. Mary died the day after the conveyance to Gerry
4. C)A mortgage granted by Mary to two individuals Morgan and Brokaw in 1990 was discharged by an instrument executed only by Brokaw. It appears that coincidentally that Gerry Green is the only heir of Morgan
5. QUESTION RELATING TO FACT PATTERN 1

Based upon the information provided above please address the following questions

1. 4)What issues do items A), B) and C) present and is there a resolution of those issues or what action needs to be taken to resolve them? .
2. 5)If Mary had entered into a contract for the sale of land to Gerry Green but died before executing and delivering the deed what would you advise Gerry Green on his rights? Would Wayne inherit?