The question presented is whether a majority of property owners in a residential subdivision may amend a Declaration of Covenants to exempt one lot from a restriction against further subdivision or whether the amendment is invalid because it does not apply uniformly to all lots burdened by the restrictive covenants.
I.
The parties in this case are lot owners and residents of the Brock Hall subdivision, located in the Marlboro District of Prince George’s County. Plats 1 and 2 of the subdivision consist of forty-five “estate lots” ranging in size from three to seven acres each, all of which are subject to a Declaration of Covenants dated March 18, 1953, recorded among the Land Records of Prince George’s County. The introductory paragraphs of the Declaration set forth several purposes for the covenants. They include to protect the lot purchasers from depreciation in value of their lots, to assure them of uniformity of development of the surrounding property, to facilitate the sale of the lots by the original owner, and “to make certain that said restrictions shall apply uniformly to all the lots in said subdivision to the mutual advantage of the present owner of said lots and to all who may in the future claim title through said present owner.” The Declaration’s subsequent paragraphs provide in relevant part:
13. RESUBDIVISION. There shall be no further subdivision of lots in this tract.
14. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive *266 periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
Samuel and Helen Walton own and reside on lot 26 of Plat 2 of the subdivision. Their lot, containing approximately four acres, is the smallest lot in Plat 2. A ravine runs through the center of the lot, causing a natural separation into two parcels of land, containing approximately two acres each. The Waltons sought to subdivide their lot along the ravine. They obtained the signatures of a majority of the lot owners in the subdivision on an instrument entitled “Amended Declaration of Covenants” which purported to amend paragraph 13 of the original Declaration to read:
Paragraph 13. RESUBDIVISON. Except for Lot 26, Plat Two as shown on the Plat of Subdivision, there shall be no further subdivision of lots in this tract. Lot 26, Plat Two shall not be resubdivided into more than two lots.
The Waltons recorded this instrument, which was dated June 6, 1985, among the Land Records of Prince George’s County.
Subsequently, Edmund Jaskiewicz and other lot owners in the subdivision, filed a declaratory judgment action in the Circuit Court for Prince George’s County; they sought a declaration that the amendment to paragraph 13 was void and an injunction prohibiting the Waltons from pursuing a resubdivision of lot 26. The circuit court (Ahalt, J.), in a written opinion and order, declared that the amendment was in conformity with the prescribed procedure for amending the Declaration of Covenants. It said that the “Amended Declaration which authorizes a resubdivision as to Lot 26 is valid under Paragraph 14 of the original Declaration which authorizes an amendment to a part of the Declaration.” (Emphasis in original.) Accordingly, the court entered a declaratory judgment in favor of the Waltons.
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Jaskiewicz appealed to the Court of Special Appeals which reversed the judgment.
Jaskiewicz v. Walton,
II.
The parties acknowledge that there is no Maryland case law addressing the specific issue of whether a declaration of restrictive covenants burdening lots in a residential subdivision must apply uniformly to all lots subject to the covenants absent specific authorization in the declaration. The Waltons nevertheless rely upon
Matthews v. Kernewood, Inc.,
Martin
involved the issue of whether restrictive covenants, which were incorporated into the deeds of some lots within a subdivision, but not into the deeds of other lots, were effective to bind the owners of the lots so burdened.
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We found that “the fact that a few lots in the tract are unrestricted would not necessarily negative an intention to restrict the lots designated in accordance with a general plan ..., particularly where there is a rational basis for a distinction, or where other owners are not parties to the plan.”
The Waltons also contend that public policy favors the free and unrestricted use of land, and thus requires that the Declaration of Covenants be construed as permitting the proposed amendment. They note that “ ‘where the language employed to express a restrictive covenant so far involves a doubt as to require construction, the rule is that such covenants are to “be strictly construed against the person seeking to enforce them,” and that “all doubts must be resolved in favor of natural rights and a free use of the property.” ’ ”
Harbor View Imp. Ass’n. v. Downey,
Courts in other jurisdictions, construing similar language, have held that it is not ambiguous and that an amendment must apply uniformly to all lots subject to the restrictions. Thus, these courts have concluded that an attempt to exempt some lots from a restriction while retaining it as to others is invalid.
See, e.g., Camelback Del Este Homeowners v. Warner,
In
Montoya v. Barreras,
Following this granting clause, twelve paragraphs of restrictive covenants are listed, including the provision in covenant (X) that they may be changed in whole or in part. The phrase “in whole or in part” in covenant (X) clearly modifies the words “to change,” and the direct object of “to change” is the word “covenants,” not the word “lots.” Thus, the covenants may be changed in whole or in part, but we cannot construe this language as permitting any such change or changes to apply to only a portion of the lots on which the restrictions were imposed. Nor is there anything in the covenants themselves which can be construed as either expressly or impliedly modify *271 ing or changing the granting clause itself, which expresses the intent and purpose that all of the described property is encumbered by the restrictions, whether they remain as originally stated or are subsequently changed in whole or in part. The original restrictions were clearly imposed on all of the described property, and though the restrictions themselves may be changed in whole or in part, the change or changes which might be made must affect all of the described property. Id.
We agree with the principles so well articulated in
Montoya.
Moreover, as a number of courts have noted, property owners expect that covenants will be enforced uniformly and that owners will enjoy a degree of mutuality under the restrictions.
See, e.g., Lakeshore, supra,
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In addition, to allow a majority of lot owners to exempt one or more lots from a restrictive covenant, absent explicit language permitting the exemption, could have serious consequences for lot owners in the minority. For example, in
Ridge Park, supra,
a majority of lot owners approved an amendment removing residential restrictions on a few lots within the subdivision, despite the objection of a minority of lot owners whose property was located nearest to the proposed commercial development. The court held the amendment invalid for lack of uniformity noting that “[t]he mutuality of restrictive covenants would be destroyed if we were to allow the majority of owners, who might not be adversely affected because of their insulated location in the subdivision, to authorize offensive consequences for the minority of owners by removing or imposing restrictions only on certain lots within the minority’s area.”
Taking these words to mean that particular lots could be excepted permits the obviously unintended result that 51 per cent of the owners could exempt their own property and leave the other 49 per cent encumbered or could even impose more strict restrictions upon certain lots. Certainly such an interpretation could easily result in a patchwork quilt of different restrictions according to the views of various groups of 51 per cent and completely upset the orderly plan of the subdivision.434 P.2d at 528 .
In the present case, the statement of purpose contained in the Declaration of Covenants governing the Brock Hall subdivision expresses an intent that the covenants apply uniformly to all lots within the subdivision. The amendment provision contained in paragraph 14, like the provisions in Montoya and the other cases cited above, provides for changing the covenants in whole or in part; it does not indicate that changes can be made selectively to exempt a single lot from a particular restriction, but rather that the amendment must apply uniformly to all lots subject to the covenant. Therefore, the purported amendment in this case *273 to paragraph 13, releasing lot 26 from the restriction against further subdivision, is not authorized by the declaration of covenants and is invalid.
JUDGMENT AFFIRMED, WITH COSTS.
Notes
. Specifically, the covenant at issue in Montoya provided:
These covenants are to run with the land and shall be binding on all the parties and all persons claiming under them until January 1, 1966, at which time said covenants shall be automatically extended for successive periods of ten (10) years unless by a vote of the majority of the then owners of the lots it is agreed to change the said covenants in whole or in part.
