Schottland V. Brown Harris Stevens Brooklyn, LLC

Appellate Division of the Supreme Court of New York, Second Department, 2013 NY Slip Op 03982, June 5, 2013: A NY property seller’s covenants against prior acts may require disclosure of a conservation easement.

 In or about 2002, the Netzer defendants granted what the court called “a conservation easement” (it was a historic preservation façade [...]

Arno v. Commonwealth

MA Supreme Judicial Court, SJC-10559, August 2, 2010: Holds that the public’s interest in tidelands (public trust doctrine) may not be extinguished either by registration of title under the state’s Torrens system or by acts of the Attorney General absent an express delegation of power by the legislature, which has not occurred. Arno has a certificate [...]

Ohio Turnpike Commission v Spellman Outdoor Advertising Services

Ohio Sixth Appellate District Court of Appeals No. E-09-038, April 16, 2010

Holds that land deriving title from grantor of restrictive covenant to a state agency is not subject to the covenant because the deeds subsequent to the recording of the covenant did not mention the covenant and the owner had no actual knowledge of it. The [...]