Perpetuity: Eternal, forever
August 11, 2021
Our town administration agreed with the Hedlin family on a restricted covenant on the Maple Avenue property it bought. The covenant states a 24,000 square foot park in perpetuity. When does “in perpetuity” begin? Wouldn’t a rational person say, at the point of sale to the town?
Not so, according to our town lawyer. In the sales agreement with the developer, Landed Gentry, are several amendments, including:
“8. The seller (town) shall create a temporary construction easement in favor of the buyer (Landed Gentry) at Closing over the eastern forty (that’s 40’ x 120’) feet of th...