[WSBARP] CCR and neighboring property

[John M. Riley III]

There are several covenants case near to or on point.  In one a developer tried to  allow a neighboring subdivision to use the roads in his subdivision.  In another folks who had no interest in the land subject to the covenants tried to enforce them.    Good luck.

John Riley



John M. Riley, III
Principal | Witherspoon * Kelley
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Thursday, January 22, 2015 6:15 PM
To: 'wsbarp at lists.wsbarppt.com'
Subject: [WSBARP] CCR and neighboring property

This is going back to law school and real property 101.  I have a situation where there is a development that has CCRs in place (call primary development).  The owners in that development want to grant to a neighboring development the right to enforce the CCRs, but not be bound by them.  First blush, I think the neighboring property needs to become part of the CCRs (could be specifically exempted out of the use restrictions) in order to be effective.  I don't think a deed/contract from the primary development to the neighboring development granting such enforcement rights would be sufficient.

Anyone encounter such a situation?

Thanks in advance!

Marcus J. Fry
Lyon, Weigand & Gustafson, P.S.
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