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Residential Property Owners Restrictive Covenants Property Owners

Smith Anderson

Court of Appeals Decision Adds to Evolving Marketable Title Act Framework

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more

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

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