Legal Question in Real Estate Law in New York

restrictive land covenants

can a person choose to enforce only part of a restrictive land covenant or must he enforce the entire covenant. example:if the covenant has two parts ie number of houses allowed to be built and (2) the distance from the road the house to be built must be. can the enforcer of the covenant enforce the number of houses to be built and not enforce the distance part of the covenant


Asked on 5/04/07, 7:21 pm

1 Answer from Attorneys
Johm Smith tom's

Re: restrictive land covenants

You write enforcer, but the people who derive a benefit from that covenant have the right to sue to have it enforced. This is a complicated legal matter and you should get a legal opinion and advice about your options.

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Answered on 5/04/07, 7:29 pm


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