#equitable servitude

Introduction A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one of two ways: By an express agreement between the party who owns the land and the party who seeks to own the interest; or By an order of a court. Under the common…

Court rules that Michigan HOA cannot collect assessments after restrictive covenant expires

In Deghetto v Beaumont’s Seven Harbors White and Duck Lack Association, issued June 22, 2017 (Docket No. 330972) (Unpublished Opinion), the Michigan Court of Appeals recently ruled that a homeowners’ association could not continue to collect assessments after the restrictive covenant expired.

In Deghetto, the plaintiffs were the owners of multiple lots in six separate subdivisions in Highland…

Restriction on use of land -- easier to establish than covenants

express in writing (exception in subdivision)

intent to run with the land

horizontal privity NOT required