Words Really Do Matter: Drafting and Enforcing Real Estate Use Restrictions
By Thomas A. Gattozzi on November 28, 2018
As written in the November 2018 issue of Properties Magazine
Brouse McDowell Partner Tom Gattozzi discusses best practices for drafting use restrictions to protect the interests of owners and operators of real property. He notes that restrictions should not be so broad as to avoid multiple interpretations, but must also be narrow enough to cover preventative wishes. Discussing the Ohio courts' past decisions on restrictions, Tom notes that if the language is clear, the courts will enforce the restriction. In Ohio, courts are required to give the words their common meaning in order to determine the intent in imposing the restrictive covenant. The article examines a few cases in greater depth and shows where the analysis and interpretation of specific words used in a restrictive covenant are vital to enforceability.
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