Implied reciprocal servitude arises when there is a common scheme for development and buyers have what kind of notice?

• A. Notice (actual or constructive)
• B. Actual notice only
• C. Constructive notice only
• D. No notice

Answer: (A)

Implied reciprocal servitudes bind all lots in a common development plan to shared restrictions, even if a particular deed doesn’t mention them, as long as buyers have notice of the plan. That notice comes from the existence of a common scheme reflected in the plat or recorded covenants, which means buyers are charged with knowledge of the restrictions. The notice can be actual (the buyer knew of the restrictions) or constructive (the restrictions are discoverable through public records or reasonable inquiry). Either form of notice makes the buyer bound by the implied restrictions; without notice, the plan’s restrictions typically wouldn’t be enforced against that buyer.