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Social Studies, 23.07.2019 04:10 24nelsoaddh

An environmentalist divided her 25-acre property into 100 quarter-acre residential lots. at the time the environmentalist sold her lots, there was a recycling center about one mile from the western boundary of the development. she included in the deed of all 100 grantees the following provision: "grantee covenants for herself and her heirs and assigns that all aluminum cans, glass bottles, and grass clippings of grantee and her heirs and assigns shall be recycled. this covenant runs with the land and shall remain in effect as long as there is a recycling center within five statute miles of the development."a buyer purchased a lot in the development. her deed, which contained the recycling clause, was duly recorded. two years later, the buyer decided to give the property to her niece as a gift. the niece's deed to the property contained the recycling covenant, and she too recorded her deed. shortly after the niece took possession of the house, the recycling center moved its location to a new site about four and a half miles from the development. when the niece put the house up for sale, she said nothing to prospective buyers about recycling. the house was purchased by a veteran who had lost the use of his legs. the veteran's deed did not contain the recycling clause, and he hired a local disposal service to carry away his garbage and a landscaper to maintain the yard. the landscaper bagged the grass clippings and they were removed by the disposal service, which put all the trash and clippings in a landfill. when the veteran's neighbors informed him of his duty to recycle, he told them that he knew nothing of the covenant and that it would be difficult for a person in his physical condition to haul cans, bottles, and clippings to the recycling center. unfazed, the neighbors filed suit to require the veteran to comply with the covenant or pay damages. the veteran's best defense is which of the following? a the veteran's deed did not contain the covenant. b the covenant does not touch and concern the land. c an intelligent inspection of the neighborhood would raise no inference that the covenant existed. d the veteran's physical condition requires a balancing of hardships by the court.

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