What types of notice are recognized for implied equitable servitudes under the general scheme doctrine?

• A. Actual, Inquiry, Record
• B. Actual only
• C. Notice is not required
• D. Record only

Answer: (C)

The general scheme doctrine creates an implied equitable servitude that binds all parcels in a subdivision based on the developer’s plan to restrict use, not on the buyer’s knowledge. If there was a common plan or scheme to impose restrictions across the entire subdivision and the lot in question is part of that scheme, later purchasers are bound by those restrictions even if they have no notice of the plan. So, for this doctrine, notice is not required to enforce the implied covenant.

In other words, unlike other situations where actual, inquiry, or record notice might be needed to bind successors, the general scheme doctrine imposes the restriction by implication to preserve the uniform plan of development.