Real Property Law

In landowner's action against the town and county to establish that its parcel was not subject to a restrictive covenant, landowner and the government entities sought summary judgment. The court granted landowner's motion, holding that any restriction the county imposed did not run with the land.

When landowner purchased the 5.85 acre parcel for $575,000 in 2013, landowner's deed made no mention of any development restriction, and landowner's title search report did not reveal any restrictions. However, in 2000, when the County sold the property after the prior owner became delinquent in tax payments, the deed provided that "[t]here shall be no development rights as to this parcel other than the right to construct a 50" westward extension of Laurel Valley Drive, subject to approval by the Town of Southampton." After that conveyance, the county reacquired the property by means of a tax deed, and subsequently, in 2010, resold the parcel to landowner's predecessor for $22,276.06 by a deed that made no mention of restrictions. When landowner acquired the parcel, landowner sought permits to build a single family home that would leave 85% of the parcel as undeveloped open space. When a neighbor complained to the town that the parcel was subject to a development restriction, the town agreed and refused to process landowner's permit applications. Landowner then brought this action. Both parties sought summary judgment.