Zarin & Steinmetz Untangles 80-year Restrictive Covenant to Secure Subdivision Approval

Jacob Amir successfully obtained site plan approval for a three-lot subdivision from the Briarcliff Manor Planning Board. Initially, the owner embarked on the approval process on their own, but became entangled in six public hearings and faced delays due to a long restrictive covenant history. After retaining Zarin & Steinmetz, our firm’s thorough legal analysis and intervention secured subdivision approval in one meeting.

Prior to our firm’s involvement, the owner and their engineer faced significant delays due to community objections and inquiries from town consultants regarding land restrictions, which they were unable to address effectively. The firm was able to step in and secure approval by meticulously examining the title history and land records to show how the specific deed provisions others were relying upon did not, under applicable law, prohibit our client from obtaining subdivision approval. Specifically, in piecing together an extensive chain of title analysis and judicial precedent, we were able to demonstrate that restrictions first recorded nearly 80 years ago had either expired or no longer applied as a prohibition against the subdivision.

The land in question had experienced a tumultuous history, with various lots being merged, separated, and merged again, which added complexity to determining the applicability of restrictions. Despite these challenges, our thorough analysis and strategic approach led to a successful resolution. This case highlights the critical value of professional legal intervention by a sophisticated and knowledgeable firm in navigating intricate property issues and complex land use and zoning matters.

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