Students should note that where the covenant's language admits two interpretations, the one that limits the restriction will be adopted.
Case: Kemp v.
Here is the opinion.
Tomorrow's issue: Motion practice.
April 13, 2010
Property.
Practice point: A restrictive covenant will be strictly construed against the party seeking its enforcement, and it will not be interpreted beyond its clear meaning.
Students should note that where the covenant's language admits two interpretations, the one that limits the restriction will be adopted.
Case: Kemp v.Village of Scarsdale , NY Dept. 2010
Here is the opinion.
Tomorrow's issue: Motion practice.
Students should note that where the covenant's language admits two interpretations, the one that limits the restriction will be adopted.
Case: Kemp v.
Here is the opinion.
Tomorrow's issue: Motion practice.
