Topic: the language imposing restrictions upon the use of property… · Go Syfert
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Topic #34866

3 canonical passages across 2 cases, quoted by 10 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from SHIPYARD PROPERTY OWNERS'ASSOC. v. Mangiaracina.

#Case FlagCanonical passage Citers
1 SHIPYARD PROPERTY OWNERS'ASSOC. v. Mangiaracina Anchor
scctapp · 1992
green “the language imposing restrictions upon the use of property is unambiguous, the restrictions will be enforced according to their obvious meaning.” 4
2 Taylor v. Lindsey
sc · 1998
green “a restriction on the use of property must be created in express terms or by plain and unmistakable implication, and all such restrictions are to be strictly construed, with all doubts resolved in favor of the free use of property.” 3
3 Taylor v. Lindsey
sc · 1998
green “restrictive covenants are contractual in nature, so that the paramount rule of construction is to ascertain and give effect to the intent of the parties as determined from the whole document.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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