Lot owners lose fight to limit street access

Law of the Land

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 enjoin the successor developer from using the street to benefit any properties that didn’t exist at the time the easement was created, and to further enjoin the developer from converting the private street to public use.