What does the general or common scheme doctrine allow in regards to restrictive covenants?

The general or common scheme doctrine allows for the enforcement of restrictive covenants on properties within a particular area if there is evidence of a common scheme and notice to those purchasing properties in that area. This means that if a developer has established a plan for the use of certain properties, and that plan includes specific restrictions, all buyers in the area may be bound by these restrictions, even if their individual deeds do not expressly mention them.

For the doctrine to apply effectively, there must be a clear indication of a common plan or scheme, which could be demonstrated through a recorded plat, marketing materials, or the practices of the developer. The notice aspect is crucial because, for prospective purchasers to be held to these restrictions, they must be aware of the common plan or scheme.

This doctrine promotes uniformity and predictability in property use within a community, allowing property owners to develop their land with the expectation that similar limitations apply to neighboring properties. Thus, the enforcement of such covenants under the common scheme doctrine serves to preserve the intended character of the neighborhood and protects property values.