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.
Agenda
Faculty
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]
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]
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