SEARCH

Canterbury Forest Ass'n v. Collins

Although the covenants restricting the use of defendant's property expired by law when he and other property owners attempted, but failed, to renew the covenants for another 20 years, the defendant was bound by his promise to continue abiding by the expired covenants.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Canterbury Forest Association, a subdivision homeowner’s association in Muscogee County, appeals from the trial court’s entry of summary judgment on its complaint against Randy Collins. The complaint was based upon Collins’ alleged violation of restrictive covenants on his property. The trial court found that such covenants had expired and, therefore, granted Collins’ motion for summary judgment. This Court finds that the trial court erred, and reverses the trial court’s order.

The relevant facts, viewed in a light most favorable to the association, as non-movant,1 are as follows: On June 15, 1975, the Canterbury Forest Association adopted bylaws and various restrictive covenants for the subdivision’s 26 lots. Collins purchased Lot 3 in August 1992; the deed included a provision which conveyed the land “subject to all valid and enforceable restrictive covenants and easements of record.” On March 16, 1995, Collins and 24 of the remaining 25 Canterbury Forest Association members signed an “Amendment to the Property Owners Agreement and Covenants,” wherein they agreed to extend the covenants for an additional twenty years, until June 15, 2015.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Litigation Attorney

Educational law firm seeks highly motivated Litigation Associate admitted in New Jersey with 3-6 years of first chair trial litigation exper...

Apply Now ›

LITIGATION ASSOCIATE

McCarter & English, LLP is actively seeking a junior to midlevel litigation associate for its office located in Wilmington, DE. Two to f...

Apply Now ›

Intellectual Property Patent Prosecution Associate - Multiple Offices

Boston, MA; Minneapolis, MN; New York, NY; Philadelphia, PA; Pittsburgh, PA; Princeton, NJ; Washington, D.C.; West Palm Beach, FL Descriptio...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›