--- In AsburyPark@yahoogroups.com, "justifiedright"
<[EMAIL PROTECTED]> wrote:
>
> You can also attack one that is vague or overbroad.
>
> Remember too that the original restriction is nothing more than a
> contract between a buyer and seller. Whether it is intended to
> control subsequent purchasers is always an issue. If there is no
> one interested in enforcing the restriction with the authority of
> the original seller, it likely just goes away.
Notwithstanding what you cite, the covenant has to be specified
to "run with the land." However, you would be surprised what in fact
has been deemed to be binding after many, many years.
> Note too in 1988 the Trustee of Bradley's Estate released all
claims
> regarding violations, reverters, etc, to the City. That was noted
> in the Court's decision.
Yeah, I hear some local attorney has power of attorney for agroup of
them and signs things away over the years williynilly. Sounds Fishy
to me.
> The Bradley heirs no longer have a claim to enforce anything to the
> beachfront.
You might be surprised to hear that some are looking into that issue.
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