Legal Question in Real Estate Law in New York

Restrictive Covenant in Deed

A large corporation that has a convienience store next to my property would like to expand and buy 2 residentail properties bordering mine to demolish the houses and build a huge store. The parcel are currently zoned single family residential and through the process of rezoning I was able to discover and old deed restriction on each of the parcel's dating back to the 1930's where a developer set an area that included these parcel and added a restrictive clause to the deeds resticting the property of business uses and designating them a residentail use only. The Village Board's lawyer conluded once reviewing the restiction that for the Zoning to be changed the company would have to get the restriction removed from the deeds. My understanding was that at some point they located the hiers but they were apperently unwilling to remove the restiction. The company has come back to the table recently and are submitting that the deed restrictions no longer apply becuase ''the restrictions weren't renewed periodically, as required by Real Property Law.'' I can't afford to hire an attorney.Can you point me in the direction of where I can research information about deed restictions and their claim of renewing them periodically.


Asked on 9/19/03, 9:27 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Restrictive Covenant in Deed

Go to the Law Library at your County Supreme CourtHouse and look in McKinney's Consolidated Laws (a set of NYS laws in many volumes). Check the real property law.

Also, speak with the Village attorney.

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Answered on 9/24/03, 7:02 pm


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