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Restrictive Covenants › Real Estate Transactions

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

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In a recent unpublished decision, the North Carolina Court of Appeals provided further insight into how restrictive covenants interact with the state’s Marketable Title Act....more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

Walkers

Recreational Land Rights Upheld by the Privy Council

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Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more

Lowndes

Just Argued: Florida Supreme Court Tackles Property Law Shake-Up That Could Hit Property Owners and Developers Alike

Lowndes on

This morning, the Florida Supreme Court heard RJ’s International v. Crown Castle, a high-stakes case poised to reshape how contractual terms in property agreements affect future landowners. The justices are weighing whether...more

Farrell Fritz, P.C.

Restrictive Covenants: The Devil Is in the Details…

Farrell Fritz, P.C. on

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

Patton Sullivan Brodehl LLP

Court Clarifies Value of “Performance Deed of Trust” in Foreclosure

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The California Court of Appeal recently clarified how courts should value a Performance Deed of Trust (PDOT) in foreclosure, and affirmed that the performance obligations included in the deed of trust survive beyond...more

DarrowEverett LLP

[Webinar] Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and Sale Agreements - October 30th, 9:00 am PT

DarrowEverett LLP on

Looking to take some of the worry out of commercial real estate transactions? Then we highly recommend that you join us for our upcoming webinar: Risk Mitigation Strategies When Drafting Commercial Real Estate Purchase and...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

BCLP

Briefcase Quarterly Update - Key Real Estate Cases and Updates - March 2022

BCLP on

Gabb v. Farrokhzad - Landlord's Unreasonable Refusal to Consent to an Assignment of a Lease - ..Mr Gabb owned a flat in Kensington and had a difficult relationship with his landlord, Mr Farrokzhad. Following some...more

Ward and Smith, P.A.

Restrictive Covenants: What Are They And Why Should You Care?

Ward and Smith, P.A. on

Restrictive covenants have a significant and substantial impact on the use and value of property; yet they are often ignored entirely or not considered until the end of the due diligence period before purchasing the property....more

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