Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Real Property Law
Affirmative Covenant Enforceable Against Successor Developer
Bay Street Landing Homeowners Association, Inc. v. Meadow Partners, LLC NYLJ 3/1/19, p. 29, col. 5 AppDiv, Second Dept. (memorandum opinion)
In an action for a declaration that an affirmative covenant ran with the land, the homeowners association, as beneficiary of the covenant, appealed from Supreme Court's grant of summary judgment declaring that the covenant did not run with the land. The Appellate Division reversed and declared the covenant enforceable against a successor owner.
Homeowners association manages a residential community. In 2000, it contracted to sell neighboring land to BSSG for the purpose of developing the neighboring parcel into luxury condominium apartments. The sale contract required the purchaser to construct amenities, including gardens and picnic areas, and to build a pedestrian walkway linking the condominium parcel with the rest of the residential community. BSSG never built the walkway or the condominium complex. In 2012, Partners acquired the condominium parcel at a foreclosure sale. Homeowners association then brought this action for a declaration that the walkway covenant remained in full force and effect against Partners. Supreme Court awarded summary judgment to Partners, concluding that any claim for breach of the covenant was time-barred and that, in any event, the covenant did not run with the land. Homeowners association appealed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.