Property Covenant Enforcement Against Successor Owner

A property owner sued to compel the purchaser of a portion of their land to fulfill the obligation to construct a common access road stipulated in the original deed of sale, despite the purchaser having subsequently sold the land to a third party who was unaware of this specific covenant. The court held that the covenant to construct a common access road, being an integral part of the obligations concerning the common enjoyment of the property originally divided, constituted a real servitude that remained attached to the land and was enforceable against all subsequent owners, regardless of whether they had actual notice, because such obligations are inherent to the division of property and intended for the benefit of the remaining estate.