Community Association Law
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Case Details
North Carolina Court of Appeals issued an opinion in the case of C Investments 2, LLC v. Auger et al., 2021-NCCOA-209. The trial court found that the Marketable Title Act extinguished all of the restrictions except the residential use restriction. The Court of Appeals upheld this interpretation, finding that the extinguishment exception applies only to covenants restricting property to residential use.
Additional Notes
The ruling clarified that non-residential use restrictions more than thirty years old could be considered extinguished or unenforceable, unless they fall under specific exceptions.