Pennington v. Flaherty, 2013 MT 160 (Sup. Ct. Mont. 2013)

(quiet title action brought by purchaser of property to clear any cloud brought by neighbor’s declaration that lots purchased were never to be sold; court granted summary judgment for purchaser finding no restrictions in chain of title and defendant’s claim that he was given a sales brochure and spent money to develop his own tract did not establish existence of negative easement against purchaser’s lots; appellate court held brochure did not create restriction on adjacent property nor mislead him; defendant failed to establish any evidence of restrictions; summary judgment for purchaser affirmed).

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter