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My brother n law is suing for deed restriction, for a business on the property, trucking, trucks coming in an out of the property. I had another company running out of the same property, commerial landscaping, empolyees, came and went, delivery of plants, irrigation equipment, delivery of mulch tons at a time, but never sued us for that company. Did he set precedent ?

Submitted: 294 days and 10 hours ago.
Category: Intellectual Property Law
Value: $30
Status: AWAITING CUSTOMER ACTION
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Brooksville, Florida

Already Tried:
Filed banrubcy, loss the property, everything, but brother n law still suing.

Answer

Very possibly. Usually, demonstrating that there is a change in the neighborhood from residential to commercial is a good way to show abandonment of a restriction. The specific rules are generally found in case law of a particular State jurisdiction, and sometimes they are not entirely clear.

 

If you tell me where the property is located, I can try to find some relevant case law.

 

 

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Expert: socrateaser
Pos. Feedback: 100.0 %
Accepts: 
Answered: 2/1/2009

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Retired (mostly)

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