Unlike Wischmeyer, the convenantors did not attempt to waive recorded restrictions after some of the lots of the plat were sold, but instead entered into the restrictive covenant after some of the lots were sold without restrictions. We have previously held restrictive covenants on subdivisions to be valid even though some of the lots of the subdivision were sold without restrictions. The fact that some lots in a subdivision are sold without restrictions does not invalidate restrictions placed on the remaining lots. The restrictive covenant on Bonnie Ney's Addition was valid and applies to the lots replatted into Bonnie Ney's Third Addition. A landowner must have actual or constructive notice of restrictions on the land at the time he acquires title to the land in order for the restrictions to be enforced against him.
Constructive notice is a legal inference from established facts.
Deeds and mortgages, when properly acknowledged and placed on record as required by statute, are constructive notice of their existence and charge a subsequent grantee with notice of all that is known by the record. Notice is actual when it has been directly and personally given to the person to be notified . . . Residents of Green Springs Val. The pertinent factor in determining the enforceability of a restrictive covenant is whether the grantors intended to create a general plan or scheme. The sale of some lots without restrictions may be evidence of the lack of a general plan.