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Residential Property Owners Restrictive Covenants

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

Smith Anderson on

In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

BCLP on

Case 1: Brown v Ridley and Another - The Supreme Court has clarified that a reasonable belief of ownership for any 10 year period is sufficient to claim adverse possession....more

Kaufman & Canoles

Supreme Court of Virginia Strictly Construed a Restrictive Covenant to Hold That the Plain Meaning of the Term “Modified” Does Not...

Kaufman & Canoles on

This morning, June 6, 2024, the Supreme Court of Virginia issued an important decision concerning the construction and modification of restrictive covenants. In Todd J. Westrick et al. v. Dorcon Group, LLC, available...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

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

BCLP

Resolving Agent of Change issues in planning: As easy as noise easements?

BCLP on

This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more

Farrell Fritz, P.C.

Can Zoning Stop Property Owners from Renting?

Farrell Fritz, P.C. on

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

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