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Publications | July 22, 2022
2 minute read

Pay Attention To Restrictive Covenants – Or Pay the Price

This Grand Rapids Business Journal article by Warner attorney Andrew Reside discusses restrictive covenants and steps property owners should take prior to building or renovating a home.

Restrictive covenants are intended to restrict the free use of land so the value and enjoyment of adjoining properties are preserved. Commonly found in residential, commercial and industrial developments – problems can arise when property owners don’t fully understand the covenants tied to their land before buying it – or they ignore them.

Reside outlines a recent dispute among neighbors that took place in a residential neighborhood along Lake Michigan’s Grand Traverse Bay in northern Michigan. In place was a 50-year-old restriction that prevented any structure from being built closer to the shore than the timberline, or treeline, to ensure all property owners would have an unobstructed view of the water. In this case, a couple’s plans to build a house 70 feet in front of the timberline upset a family who had owned a neighboring property since the 1960s when the subdivision was first developed.

Reside provides details and the outcome of the case, with three considerations for purchasing property.

GRBJ subscribers can read the article here.

Reside is a corporate and real estate attorney who focuses on transactional matters and primarily serves Michigan-based clients, including many automotive industry organizations in the Detroit and Grand Rapids metro areas. He assists businesses with entity formation, drafting organizational, definitive and M&A documents, conducting contract review and advising on key contract provisions. Read his full bio here.