Land Use and Local Government Law and Litigation

The Law Office of Robert K. Lincoln, P.A.  provides legal services to private and public entities involved in complex land use disputes.  Hiring an attorney is an important decision that should not be based solely upon advertisements.  Before you decide, ask and I will provide free information about my experience and qualifications. 

The covenent can be mightier than the LDR

In this case, released in late August, the 2d DCA reminds us that covenants restricting use are enforceable as long as they benefit the rest of the properties, even if conditions change.

Citing an earlier case, the court provided this standard for when a property can be relieved of the burdens of a covenant:

in Essenson v. Polo Club Associates, 688 So. 2d 981, 984 (Fla. 2d DCA
1997), this court held that the party seeking to be relieved of the deed restriction
hadfailed to carry its burden of proof by showing that "the change occurred,
(1) after theagreement, (2) without any fault on its part, and (3) that the
change destroyed all valueof the covenant," in spite of the fact that the
plaintiff demonstrated changed circumstances resulting from a rezoning
affecting its property.
The court found that even though the property in question here fronted a major street and had been rezoned to support the medical office desired by the new owner, the covenant still had benefits for the other owners in the subdivision.

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Hiring an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask and I will send you free written information about my qualifications and experience. Additionally, the comments, statements and articles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances, or to establish an attorney-client relationship between us.