Monthly Archives: August 2009

FORE! A Heads-Up to Nebraska Real Estate Attorneys After the Skyline Woods Golf Course Case

By Daniel J. Hassing[0]

This past December, the Nebraska Supreme Court made a landmark decision in Nebraska real estate law in Skyline Woods Homeowners Ass’n v. Broekemeier.[1] In this decision, for the first time, Nebraska recognized implied restrictive covenants[2] inferred from a common scheme of development. Such covenants are not recorded expressly in the chain of title, but rather are inferred from a common plan affecting the property and its surroundings. This decision has the potential to set some costly traps for the unwary homebuyer and real estate attorney.

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