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Please answer the client’s question (the client’s name is Blandon Lax):
I currently own two acres of land in Spotsylvania County. The house where I live is on the east acre and every morning, when eating breakfast, I can look west from my kitchen window and see the beautiful Blue Ridge Mountains. Because I need the money, I have decided to sell the west acre of the property. However, I am afraid that whoever buys the property will build a multiple story house on the property thereby blocking my view of the Mountains. Is there any way I can put a condition in the sales contract and/or the deed that would restrict the height of any structure that is built on the property? I have done some measurements and have determined that if I could limit any house built on the property to one story, with a peak of no more than 12 feet high, my view of the mountains would not be obstructed. I would also like to make sure that any and all subsequent owners of the west acre would not be allowed to build anything above a peak of 12 feet as well.Please draft language for a restrictive covenant that will meet the needs of the client’s request.
Explain why your drafted language qualifies as a restrictive covenant, ensuring that you have provided a complete IRAC of the issue and sub-issue(s).
Letter format is fine. Please do not include any citations
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