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Real Estate Market › Restrictive Covenants › Real Estate Development

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau’s Final Guidance Discourages Property Controls

Davies Ward Phillips & Vineberg LLP on

The Canadian Competition Bureau (Bureau) raised concerns in its 2023 market study of the grocery sector about the use of competitor property controls (i.e., terms in commercial leases or covenants that run with the land) to...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

Hogan Lovells

Supreme Court ruling in restrictive covenant case: ignore covenants at your own risk

Hogan Lovells on

The Supreme Court has handed down judgment today in an eagerly awaited case on restrictive covenants and affordable housing. It is the first time that the Supreme Court has considered a case on the modification of restrictive...more

Hogan Lovells

Contractual rights outweigh public interest in restrictive covenant case

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The Court of Appeal has sent a firm message to developers who seek to cut corners by knowingly breaching restrictive covenants. A recent decision means that 13 units of social housing, constructed on land on which building...more

Bilzin Sumberg

Golf Course Redevelopment: What You Need to Know

Bilzin Sumberg on

As buildable land becomes increasingly scarce, many single-family developers are looking at current and former golf courses as prime sites for redevelopment. What makes golf courses so appealing in this regard? Originally...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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Weeks Ending November 3 & 10, 2017

Carlton Fields on

REAL PROPERTY UPDATE FINANCIAL SERVICES UPDATE TITLE INSURANCE UPDATE - Misrepresentation: developer entitled to directed verdict on claims of fraudulent and negligent misrepresentation asserted by condominium association...more

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