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Each deed recited that the restriction was a covenant running with the land and could be enforced by any subdivision lot owner.
Although a uniform plan of development often could be the primary indicator of a common benefit in cases in which the common benefit "is not otherwise apparent," (3) the court ruled the common benefit was apparent from the very language of the deeds imposing the restriction--namely, that the restriction was a covenant running with the land and could be enforced by any subdivision lot owner.
Starting in 1992, Grace began assigning its vermiculite mining rights as a donation to HGSI with a restrictive covenant running with the land that bound HGSI and all of its successors in title to prohibit any part of the land from ever being used or operated for the purpose of Mining or Mineral Production without regard to the possibility of successful reclamation.