When can a negative servitude be enforced in a subdivision?

A negative servitude, also known as a restrictive covenant, can be enforced in a subdivision when it is part of a common building plan. This type of servitude typically restricts landowners from engaging in certain activities or making certain changes to their property in order to maintain the character and aesthetics of the neighborhood. The key factor that allows for the enforcement of a negative servitude in this context is the intention to create a uniform community where all owners adhere to the same restrictions, which is reflected in the common building plan.

For a negative servitude to be valid and enforceable, it generally needs to serve a legitimate purpose tied to the overall design and cohesiveness of the subdivision. When such restrictions are established as part of the common building plan, they benefit the entire community by ensuring that property values are maintained, and the environment is preserved according to the vision set forth by the developer or homeowners association.

The other options do not provide the necessary framework for enforceability. For instance, mere approval by all property owners might not suffice if there is no prior agreement that established the common building plan, and creating a negative servitude after construction has started may not align with the originally intended restrictions. Lastly, local zoning laws could permit certain activities but do not by