![]() ![]() In 2004, Ted Grace (“Grace”) and Duane Dowd (“Dowd”) owned contiguous tracks of land near Gretna. The covenants addressed requirements to maintain a street. ![]() Equestrian Ridge Estates II Homeowners Ass'n, the Nebraska Supreme Court decided a dispute between two neighboring HOAs involving real covenants running at law in a neighborhood near Gretna, Nebraska. Specifically, the court determined that the “touch and concern” element may be satisfied as applied to communities governed by an HOA when the “burden” of HOA payments is afforded to a “benefit” that is: (1) considered a necessity to the community and (2) increases the value of the community’s lots. Equestrian Ridge Estates II Homeowners Ass'n, 308 Neb. The Nebraska Supreme Court recently narrowed the interpretation of this element as applied to communities governed by a homeowners’ association (“HOA”). ![]() The “touch and concern” element of real property covenants has been convoluted in its development. To be enforceable, covenants must involve issues that “touch and concern” the land. Real estate developments typically are governed by covenants that require or prohibit certain actions by property owners. If faced with a difficult issue involving real estate – including conveyances, development, zoning, construction, property tax, or other issues – we recommend you contact our office and speak with one of our attorneys. Erickson | Sederstrom's attorneys’ have extensive background in real estate disputes. ![]()
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