Quimbee logo
DMCA.com Protection Status
From our private database of 15,400+ case briefs...

Witter v. Taggart

Court of Appeals of New York
577 N.E.2d 338 (1991)


Facts

Lawrance owned a tract of land on Long Island, through which a canal flowed. In 1951, Lawrance partitioned the land, and sold the portion of the land north of the canal. In the deed to the grantee, Lawrance included a covenant stating that anyone holding the land in question was not permitted to build a dock on the canal or otherwise interfere with the view of the canal. This land eventually was sold to Witter (plaintiff). The southern portion, held by Lawrance, remained in his possession until his death. This plot was eventually purchased by Taggart (defendant). Neither Taggart’s deed, nor any other deed in the chain of title between him and Lawrance contained a provision regarding the same restrictive covenant on Witter’s land. When Taggart attempted to construct a dock on the canal, Witter brought this action to enjoin him from doing so. The trial court ruled in favor of Taggart, stating that his land was not subject to any covenant. Witter then petitioned for certiorari to the Court of Appeals of New York.

Rule of Law

Issue

Holding and Reasoning (Bellacosa, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 321,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,400 briefs, keyed to 210 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.