Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
8-19-2009
Document Type
Article
Citation
Nebraska Law Bulletin (August 19, 2009)
Abstract
This past December, the Nebraska Supreme Court made a landmark decision in Nebraska real estate law in Skyline Woods Homeowners Ass’n v. Broekemeier.1 In this decision, for the first time, Nebraska recognized implied restrictive covenants2 inferred from a common scheme of development. Such covenants are not recorded expressly in the chain of title, but rather are inferred from a common plan affecting the property and its surroundings. This decision has the potential to set some costly traps for the unwary homebuyer and real estate attorney
This commentary seeks to explain the rationale and importance of the court’s decision in Skyline Woods. It contains three parts. The first explains and summarizes the supreme court’s decision in Skyline Woods. The second seeks to elucidate the extremely confusing law of real covenants. The last section seeks to advise both practitioners and homebuyers of the potential pitfalls that Skyline Woods sets for the unscrupulous homebuyer.
Comments
Copyright 2009, the author