You are here: / / Setback Dimensions Drawn on Subdivision Map Not Reflected in Documents...

Setback Dimensions Drawn on Subdivision Map Not Reflected in Documents in Defendants’ Chain of Title/Setback Restrictions, Therefore, Did Not Run With the Land

The Second Department reversed Supreme Court, finding that the setback lines drawn on a subdivision map were not reflected on the documents in defendants’ chain of title and, therefore, did not run with the land:

“[T]he policy of the law is to favor free and unobstructed use of realty” … . “[A] purchaser takes with notice from the record only of incumbrances in his direct chain of title. In the absence of actual notice before or at the time of his purchase or of other exceptional circumstances, an owner of land is only bound by restrictions if they appear in some deed of record in the conveyance to himself or his direct predecessors in title” … . “A purchaser is not normally required to search outside the chain of title” … . Deed restrictions are strictly construed against those seeking to enforce them and will be enforced only where their existence has been established by clear and convincing proof … .In this case, the plaintiffs failed make a prima facie showing that the front and rear yard setback lines drawn on the subdivision map are deed restrictions that run with the land. Contrary to the plaintiffs’ contention, there is nothing in the defendants’ chain of title which indicates that these setback lines are deed restrictions that run with the land… . Butler v Mathisson, 2014 NY Slip Op 01289, 2nd Dept 2-26-14

 

You might also like
HERE DEFENDANT, WHO PLED GUILTY TO BURGLARY AS A SEXUALLY MOTIVATED FELONY, ATTEMPTED TO CHALLENGE HIS CERTIFICATION AS A SEX OFFENDER, PRONOUNCED AT SENTENCING, IN THE SORA RISK-LEVEL ASSESSMENT PROCEEDING; THE SEX OFFENDER CERTIFICATION WAS DEEMED TO BE PART OF THE JUDGMENT OF CONVICTION WHICH CAN ONLY BE CHALLENGED ON DIRECT APPEAL (SECOND DEPT).
JUDICIARY LAW 487 ACTION AGAINST ATTORNEYS, ALLEGING AN INTENTION TO DECEIVE THE COURT IN A DIVORCE PROCEEDING, PROPERLY DISMISSED (SECOND DEPT).
ONLY THE HUSBAND TOOK OUT A MORTGAGE AND DEFENDANTS DENIED THE ALLEGATION IN THE COMPLAINT THAT THE WIFE’S INTEREST WAS SUBJECT TO AN EQUITABLE MORTGAGE; THEREFORE THE BANK’S MOTION FOR SUMMARY JUDGMENT IN THIS FORECLOSURE ACTION SHOULD NOT HAVE BEEN GRANTED; THE COURT NOTED THAT “NEITHER ADMITTED NOR DENIED” IN AN ANSWER TO A COMPLAINT IS DEEMED AN ADMISSION (SECOND DEPT).
Questions of Fact Whether Hospital Liable for Independent Actions of Its Employees Under Respondeat Superior and Negligent Hiring/Retention Theories
ALTHOUGH THERE WAS A STORM IN PROGRESS, DEFENDANT’S SNOW REMOVAL MAY HAVE EXACERBATED THE SLIPPERY CONDITION, DEFENDANT’S SUMMARY JUDGMENT MOTION SHOULD HAVE BEEN DENIED.
WHETHER THE DEFENDANT FIRST STOPPED AT THE STOP SIGN OR DROVE THROUGH THE STOP SIGN DOESN’T MATTER BECAUSE EITHER WAY THE VEHICLE AND TRAFFIC LAW WAS VIOLATED; PLAINTIFF’S MOTION TO SET ASIDE THE DEFENSE VERDICT IN THIS INTERSECTION TRAFFIC ACCIDENT CASE SHOULD HAVE BEEN GRANTED (SECOND DEPT).
Consent to Divorce In Exchange for Payments Would Violate Public Policy
Tax Exempt Status of Non-Profit Public Parking Lots Should Not Have Been Revoked

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Height Differential Between Concrete Slabs in Sidewalk “Trivial” As a Matter... Plaintiff’s Alleging a Deed Executed Within the Ten-Year Statute of Limitations...