February 1, 2018
Universal Orlando has challenged one of the basic tenets of real estate law in its attempt to develop a plot of land for a new theme park near Universal Boulevard. Universal asked the judge to rule in their favor over developer Stan Thomas, who’s Universal City Property Management II holds the authority to approve or deny development on over 2,126 acres in the zoning area. Universal Orlando argues that public land use entitlements should take priority over private title restrictions.
“To say government regulations supersede the privately recorded covenant isn’t accurate, so no matter what the county does or allows, the party has a right to enforce the covenant,” said Hal H. Kantor. “A private covenant runs with title to the property, and all successor owners are bound by it,” Kantor said. “Asking the (judge) to make an interpretation of language in a covenant is a hard argument to win. Only if the judge determines the language is very unclear.” To read the article in full, click here.