Practice point: New York law favor the free and unobstructed use of realty. A purchaser takes with notice from the record only
of incumbrances in the direct chain of title. Absent actual
notice before or at the time of the purchase, a land owner is bound only by such restrictions as appear in some deed of record in the conveyance to the owner or a direct
predecessors in title. A purchaser is not required to search outside the chain of title.
Student note: Deed restrictions are strictly construed against those seeking
to enforce them and will be enforced only on the basis of clear and convincing proof.
Case: Butler v. Mathisson, NY Slip Op 01289 (2d Dept. 2014).
Here is the decision.
Tomorrow's issue: Liability of owners of covers and gratings on a street.
