Also known as: general plans of development · master plan of development
Written by attorneys · grounded in primary & secondary sources — see below
A coordinated scheme for developing a tract of land under which conveyance of parcels implies reciprocal servitudes benefiting and burdening all lots within the plan. The existence of the plan is a question of fact determined from circumstances such as recorded plats, uniform deed restrictions, or consistent marketing materials. Each lot included in the plan becomes the implied beneficiary of servitudes imposed to carry out the scheme unless facts indicate contrary intent.
Select any source to read its text and confirm it supports the definition.
Summit Development sold outpad parcels surrounding a lifestyle mall after recording servitudes for shared parking and pedestrian corridors on the central parcel. Ridgeview Restaurants purchased an outpad described as part of the coordinated project. Ridgeview may enforce the parking and corridor rights against the mall parcel because its lot lies within the general plan.
A developer subdivided waterfront land and conveyed the first residential lots with express covenants protecting a public promenade and view corridors. Bayview Hotel later acquired the final waterfront parcel by deed containing no such covenants. The neighboring lot owners may enforce the promenade and corridor restrictions against Bayview because the early conveyances occurred pursuant to a general plan that implied reciprocal servitudes on the developer's remaining land.
Existence of a general plan is a question of fact. Courts look to recorded plats, substantially uniform deed restrictions, consistent marketing materials, and the developer's overall course of conduct. When land is subdivided according to a recorded plat and servitudes are imposed on each lot, the conclusion that development occurred pursuant to a general plan is easily reached.
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…the grantor's approval in writing, which could rightfully be refused if the proposed structure did not reasonably conform to the general plan of development in the area of which the granted lot formed a part, and it was held that such restrictions "did not interfere with the fee of the land to such an extent as to render them void." It has…
…easement doctrine. The trial court found that only the lakefront lots were impressed with restrictive covenants as part of the general plan of development
Each lot included within the general plan is the implied beneficiary of all express and implied servitudes imposed to carry out the plan. This rule protects reliance interests of purchasers who acquire land based on the developer's representations of a unified scheme.
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Yes. When a developer imposes a servitude on conveyed land to implement a general plan, an implied reciprocal servitude burdens all the developer's remaining land included in the plan if injustice can be avoided only by the implication.
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Uniform promotional materials and recorded master plans provide strong evidence of a general plan when they portray all parcels as participants in a single scheme. Courts weigh such materials together with deed language and the pattern of conveyances to determine whether the developer intended uniform application across the tract.
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