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Open Space Restriction on Subdivision Plat Binds Future Property Owners

By Steven Silverberg and Katherine Zalantis

In a case of first impression, the New York Court of Appeals ruled today that an open space restriction which appears solely on a subdivision map but is not otherwise recorded in land records is binding upon subsequent purchasers of the property. In O?Mara v. Town of Wappinger the Second Circuit Court of Appeals had certified the following question to the New York Court of Appeals: ?Is an open space restriction imposed by a subdivision plat under New York Law §276 enforceable against a subsequent purchaser, and under what circumstances?? The New York Court of Appeals held that such an open space restriction ?when filed in the Office of the County Clerk pursuant to Real Property Law §334, is enforceable against a subsequent purchaser.? The property in question had been subdivided in 1963 and the plat had a notation indicating there was an open space restriction...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on November 15, 2007 (boomark / email).