For a common scheme of development to be enforceable, what must be evidenced?

For a common scheme of development to be enforceable, the key requirement is that there is a clear, consistent pattern or common plan that establishes the intention of the developer to impose certain restrictions or obligations on properties within the development. This is often evidenced through a common development layout or oral representations made by the developer to prospective buyers.

These representations or the layout serve as a way to communicate to buyers that certain rules or limitations will apply consistently across the development. This shared understanding helps to protect the character and use of the properties in that development, ensuring that all landowners can rely on those restrictions for their benefit.

In relation to the other options, while a developer's written plan might suggest an intention, it is not strictly necessary for establishing an enforceable common scheme. Public notice of restrictions could provide some level of awareness but does not inherently establish the common scheme itself. A formal agreement among landowners, while potentially helpful in reinforcing the scheme, is not required for it to be valid or enforceable. Thus, the existence of a common development layout or oral representations is fundamental in demonstrating the collective understanding that forms the basis of the common scheme.