Restrictive covenants are common conditions of zoning approvals. Municipal boards typically require applicants to record restrictive covenants as a condition of approval. These restrictive covenants are drafted to “run with...more
Generally, many property owners assume that where a lot is held in single and separate ownership they are entitled to an area variance “as of right.” That is not entirely true. An exception to the single and separate...more
Sometimes called a “case of the race,” the common law doctrine of vested rights is “one of the most troublesome areas of land use regulation.” Exeter Building Corp v Town of Newburgh, 114 AD3d 774 [2d Dept 2014]....more