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Restrictive Covenants: Common Disclosures, Restrictions and Land Use Issues

Understand the issues with restrictive covenants, what makes them unenforceable, and how to enforce or nullify the covenants.

The back title of properties often contains deed restrictive covenants. Many were drafted years ago in obsolete language which has little, if any, application today. Moreover, some covenants, by virtue of their ambiguity, or nature, are unenforceable if challenged. Some such restrictions are ultra vires, and unenforceable as a matter of law. This topic will identify issues with restrictive covenants, what makes them potentially unenforceable, and how to enforce or nullify the covenants. Failing to understand these issues could be critical when faced with defending a suit for enforcement, or alternatively, seeking to enforce a covenant. The material will also discuss modern day uses of covenants, predominantly in the land use context. For example, where they are appropriate, necessary, or demanded in the land use context. Real estate practitioners should be wary of the pitfalls of covenants, as well as the demands for covenants by governmental authorities and approving boards.

Runtime: 90 minutes
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Common Disclosures

  • Deeds and Other Instruments
  • Back Title
  • Transactions
  • In Board or Municipal Hearings

Restrictions/Enforceability

  • Ambiguity/Vagueness
  • Unlawful Restrictions
  • Restrictions That Don't Touch and Concern the Land
  • Reasonableness/Obsolete Restriction
  • Lapse/Laches/Estoppel
  • Neighborhood Scheme
  • Covenant Allies: Adverse Possession and Easements
  • Enforcing or Vacating Covenants
  • Case Studies

Land Use Issues

  • Open Space/Conservation/Historic/Agriculture
  • Municipal or Board Imposed Restrictions
  • Municipal or Board Enforcement
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More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 23, 2018.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Katharine A. Coffey

Katharine A. Coffey

Day Pitney LLP

  • Partner in the New Jersey office of Day Pitney LLP
  • Practice emphasizes all aspects of commercial and multi-family development and redevelopment, including land use and zoning, rezoning, affordable housing, redevelopment law, financial incentives and real estate transactions
  • Conducts regular seminars and workshops on numerous redevelopment, landlord-tenant law and other real estate topics
  • Author of several publications on variances, fraud claims on property sales, Permit Extension Act and other real estate topics
  • J.D. degree, Emory University School of Law; B.A. degree, Washington & Lee University, cum laude
  • Member of Morris County Bar Association, Land Use Committee, Co-chair; New Jersey Women Lawyers Association, 2010-Present
  • Can be contacted at (973) 966-8323 or [email protected]
Christopher John Stracco

Christopher John Stracco

Day Pitney LLP

  • Partner in the New Jersey office of Day Pitney LLP
  • Practice emphasizes all aspects of real estate, property, and general commercial litigation, including zoning, land use and real property-related litigation, mobile telecommunications, ordinance challenges, real property tax appeals, and landlord-tenant litigation and lease disputes
  • Conducts regular seminars and workshops on numerous property tax issues
  • Author of several publications related to the areas of New Jersey property tax, variances, fraud claims on property sales and other real estate topics
  • J.D. degree, Vanderbilt University Law School; B.A. degree, Purdue University
  • Member of American Bar Association, New Jersey State Bar Association, Morris County Bar Association, Federalist Society for Law and Public Policy Studies, American Trial Lawyers Association, Bar Association of the Third Federal Circuit, Historical Society of the U.S. District Court for the District of New Jersey, Hispanic Bar Association of New Jersey, The Trial Attorneys of New Jersey
  • Can be contacted at (973) 966-8220 or [email protected]
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Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 402946
Published 2018
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