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Real Property Law
Injunctive Relief Denied In Action to Enforce Restrictive Covenant
Halaby v. Denzak, 2022 WL 17882707, AppDiv, Fourth Dept. (memorandum opinion)
In neighbor's action to enforce restrictive covenants against landowner, neighbor appealed from Supreme Court's dismissal of his claim for injunctive relief requiring removal of fencing, and landowner cross-appealed from Supreme Court's determination that the covenant barred landowner from placing a shed on their lot. The Appellate Division modified to grant a directed verdict to landowner denying an injunction against the shed, and otherwise affirmed.
In 1992, a developer recorded a uniform plan of restrictions (UPR) on a ten-lot residential subdivision. The UPR provided that "[n]o structures such as steel tool sheds, lean-to's or mini-barns will be permitted, excepting pool cabanas and/or such architecturally compatible gazebos or such other structures as may be permitted by the undersigned." The UPRs also included a prohibition on fencing. Landowner installed a fenced garden on a portion of their lot and intended to build a shed on a different portion of the lot. When neighbor sought injunctive relief, Supreme Court concluded that the UPR barred landowner from placing a shed on their lot, but denied injunctive relief requiring removal of the fencing. Both parties appealed.
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