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Restrictive Covenants › Deeds

BCLP

Briefcase 2025 Quarter 2: Key Real Estate Cases and Updates

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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

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Wells v. Beville, Record No. 210469 - Yesterday, in an unpublished order, the Supreme Court of Virginia held that a covenant restricting the sale of property on Smith Mountain Lake was unenforceable due to changed...more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

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

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

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