The Virginia Law Register Volume 20

The Virginia Law Register Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...74 N. J. Ed. 287, 70 Atl. 185. It has also been held that a restriction may be abandoned as to part of a tract of land and enforced as to the balance.19 Est011el.--Speaking roughly, the principle of estoppel ap plicable in defenses to actions to enforce observance of restrictive covenants, may be stated to be that, where one person by his act's or words knowingly induces another to assume burdens which he would not otherwise have undertaken, the former person is estopped to take position or do acts to the prejudice of 'the latter that are inconsistent with the acts or words relied upon.2 However, mere silence or inaction on the part of a complainant in an action to enforce observance of restrictive covenants cannot amount to an estoppel, except where such silence or inaction amount to fraud.21 The owner of a lot contemplated erecting a dwelling thereon for his own use, but before fixing the location thereof he consulted theowner of adjoining premises as to the probable use of such premises, and was assured by the owner that the premises would not be used for a wagon yard or feed stable. Relying upon these representations, the owner erected a dwelling at considerable cost. Subsequently the adjoining owner threatened to erect a feed stable and wagon yard on his premises within sixty feet of the other's dwelling house. This would, according to the statement of the latter, render his home unfit for habitation. In an action brought to restrain the adjoining owner from erecting the feed stable and wagon yard it was held that the acts of the latter clearly constituted an estoppel in jais.22 Of course, there can be no estoppel invoked against a complainant, unless there is proof that he had knowlelge of the violations of the more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • United States
  • English
  • black & white illustrations
  • 1236869664
  • 9781236869661