News & Analysis as of

Restrictive Covenants Property Owners

Allen Matkins

Sustainable Development and Land Use Update 2.22.24

Allen Matkins on

The city of Berkeley will pay $4 million in connection with its mishandling of an application to build 260 housing units on the old Spenger's parking lot. Alameda County Superior Court Judge Frank Roesch fined Berkeley $2.6...more

Amundsen Davis LLC

Private Requirements for Short-Term Rentals

Amundsen Davis LLC on

Short-term rentals of property, including, rentals for as short of time as on an hourly basis, are increasing in frequency around the country. The character of a community can be dramatically altered by such rentals and cause...more

Smith Anderson

Goodbye Covenants, Hello Free Use of Land (2023 Update)

Smith Anderson on

The Supreme Court of North Carolina recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act") and its effect on covenants that have burdened residential real estate for...more

Kaufman & Canoles

Title Insurance Client Alert – Supreme Court of Virginia Holds Restrictive Covenant Unenforceable

Kaufman & Canoles on

Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more

Shutts & Bowen LLP

You Can’t Run From That Arbitration Covenant Running With The Land

Shutts & Bowen LLP on

In a recent case, the Florida Supreme Court held that an arbitration covenant contained in a developer’s original deed also bound the second owner. The case serves as a good reminder that, although a subsequent owner of...more

McGlinchey Stafford

Is the Tide Shifting on Hunstein?- The Bullet Point: A Commercial Law Bulletin

McGlinchey Stafford on

Ohio- Restrictive Covenants- New California Woods Homeowners Assn. v. Jakse, 3d Dist. Union No. 14-21-04, 2021-Ohio-3783 In this appeal, the Third Appellate District affirmed the trial court’s decision, agreeing that...more

(ACOEL) | American College of Environmental...

Colorado Put the Institution in Institutional Controls

Thirty-one years after enactment of CERCLA, most environmental practitioners take for granted that remedies at federal and state Superfund sites will include a blend of removal and institutional controls (ICs). This comes...more

Smith Anderson

Goodbye Covenants, Hello Free Use of Land

Smith Anderson on

The North Carolina Court of Appeals recently issued a landmark opinion regarding the North Carolina Real Property Marketable Title Act (the "Act"). The case is C Investments 2, LLC v. Auger et al., 2021-NCCOA-209 ("C...more

Farrell Fritz, P.C.

Nearly-Century Old Restrictive Covenant Prevents Homeowner From Erecting Fence Along Property Line

Farrell Fritz, P.C. on

In Dodge v. Baker, Plaintiff and Defendants are neighboring property owners of two parcels of land located in the Village of Sodus (the “Village”), in Wayne County, New York (the “Parcels”). Each parcel was created as the...more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

Ward and Smith, P.A. on

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

BCLP

Bound to fail: Can I rely on my restrictive covenant to prevent building on neighbouring land?

BCLP on

A proposed development - A developer has obtained planning permission to build some affordable housing, but the land on which it wishes to build borders my land. Several years ago, when the land was divided up from a...more

Farrell Fritz, P.C.

Trim Those Trees: Seventy-Year-Old Restrictive Covenant Requires Property Owner To Trim Its Trees To Enhance The View Of Adjoining...

Farrell Fritz, P.C. on

A recent case from the Third Department, Shea v. Signal Hill Road LLC, involved a dispute about untrimmed trees that blocked the view of the adjoining property owner to Lake Placid and the surrounding mountains....more

Ward and Smith, P.A.

Leaving the Nest: Healthy Community Association Transition

Ward and Smith, P.A. on

Community associations in North Carolina typically are developed by private developers that plat the community, build the infrastructure and improvements, develop the lots, and organize the property owners or community...more

Ward and Smith, P.A.

The Land and Everything that Goes with it: How Community Association Restrictions "Run with the Land"

Ward and Smith, P.A. on

It may be hard to believe, but community associations ("Associations") occasionally deal with homeowners who don't think they are required to pay assessments. The reasoning for these beliefs can range from "I don't use the...more

Ward and Smith, P.A.

Real Property: More Than Meets the Eye

Ward and Smith, P.A. on

Each parcel of real property is a unique asset. It is typically well understood that location is paramount, and that size, elevation, and other physical characteristics are other important factors. Nonetheless, there are...more

Mintz

Massachusetts Appeals Court Holds that Restrictive Covenants Created as Part of a Common Scheme May Be Extended Beyond Thirty...

Mintz on

On December 5, 2017, the Massachusetts Appeals Court issued an important decision in Berger v. 2 Wyndcliff, LLC, No. 16-P-336 (Mass. App. Ct. Dec. 5, 2017), clarifying the extent to which land owners in a common-scheme...more

Ward and Smith, P.A.

We Want Our Neighborhood Back: A North Carolina Homeowners Association's Guide to the Use and Enforcement of Rental Restrictions

Ward and Smith, P.A. on

Lending you a cup of sugar, offering to watch the kids, or grilling out on a summer afternoon— whatever the activity, our neighbors are a key part of what makes our communities familiar and unique. Neighbors help make a...more

Schwabe, Williamson & Wyatt PC

Restrictive Covenants: The Impact on Washington Condo Owners

In 2017, the Washington Supreme Court issued a significant decision related to restrictive covenants affecting condominium units. It reaffirmed the importance of timely challenging of an amendment to condominium covenants, in...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Week Ending January 30, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Restrictive Covenants: restrictive covenant providing that an ostentatious site feature, which “may be offensive to adjacent neighbors is unacceptable” was improperly interpreted by architectural...more

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