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Property Law Supreme Court Slip Opinion

by Zigadto, Janet


SC20436 - Abel v. Johnson ("In this certified appeal, we consider whether deed language providing that the grantees took title 'subject to' an earlier deed, which established a residential use restriction for the benefit of the original grantor's retained property, rendered that restriction enforceable against those grantees by adjoining property owners whose deeds contain similar 'subject to' language, pursuant to a common plan of development theory. The plaintiffs, Michael Abel and Carol Abel, appeal, upon our grant of their petition for certification, from the judgment of the Appellate Court reversing in part the judgment of the trial court, rendered after a court trial, granting injunctive relief against the defendant, Celeste M. Johnson, enforcing one restrictive covenant limiting the use of the property to residential use, which was contained in a deed that was executed by the original grantors of the parties' real properties, and two other use restrictions that appeared in a separate declaration that applied to the properties. See Abel v. Johnson, 194 Conn. App. 120, 142–43, 156, 220 A.3d 843 (2019). On appeal, the plaintiffs claim that the Appellate Court incorrectly concluded that they lacked standing to enforce the residential use restriction. We agree and, accordingly, reverse in part the judgment of the Appellate Court.")