Law School Case Briefs
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Neponsit Property Owners' Ass'n v. Emigrant Industrial Savings Bank
New York Court of Appeals (1938) | 15 N.E.2d 793; 278 N.Y. 248; 118 A.L.R. 973; 1938 N.Y. LEXIS 1292
TL;DR: A property owners' association sued to enforce a covenant requiring a landowner to pay an annual fee for community maintenance. The court held the covenant was enforceable because it "touched and concerned" the land and the association represented the landowners, satisfying privity requirements in substance.
Legal Significance: This case modernized the law of real covenants by holding that an affirmative covenant to pay money for community maintenance "touches and concerns" the land and that a property owners' association has standing to enforce such covenants, relaxing the traditional privity of estate requirement.