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Lot owners lose fight to limit street access

Law of the Land

Editor's note: Tara-Nicholle Nelson will lead a free webinar from 10 a.m. to 11 a.m PDT (1 p.m. to 2 p.m. EDT) on Thursday, Oct. 8: "Three Low-Cost Ways to Make More Money by Connecting with Women Real Estate Consumers." Women make or influence an estimated 91 percent of real estate decisions, and they think about, shop for and buy homes differently than men. Click here to register and find out more about real estate's gender factor. In Callahan, et al. v. Point Clear Holdings Inc., the lot owners' sole route of access to their homes was via a street that was originally owned by a resort developer. Lot owners held a "private easement for streets." The resort developer's successor, a residential developer, planned to build new homes in the area, and planned to open the private street to public use by residents and guests of the new-home community. Lot owners amended the restrictive covenants governing their subdivision and sued for declaratory relief to enjo...

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