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Property Law Keyed to Singer
Riley v. Bear Creek Planning Committee
Facts
The Rileys (Plaintiffs) bought real property in a subdivision on February 26, 1964. The deed contained no restrictions on the use of the property. Nine months after the purchase, the grantor, Bear Creek Planning Committee (Defendants) recorded a document that declared covenants, conditions and restrictions on all the lots in the subdivision. One of the restrictions prohibited adding new structures without approval of Defendants. Plaintiffs constructed a snow tunnel on their lot and Defendants claimed it to be a violation.
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