$1,700,000 Settlement for Landowner against Developer in Dispute over Restrictive Covenants

$1,700,000 Settlement for…

Attorney David Murray applied his knowledge of property law and land valuation to obtain a 1.7 million dollar settlement for his clients against a developer who he believed was violating the restrictive covenants on and around the landowners' property.

In the case of Bradford v. Dowd, Attorney David Murray represented the landowners who found themselves surrounded by a new planned subdivision development.  The main issue arose when after a review of the deeds and title documents to the surrounding property it became apparent that there were restrictive covenants that prevented new public streets and the subdivision of a large portion of the surrounding property.

Murray filed a declaratory judgment lawsuit on behalf of his clients against the developer requesting the Court to determine the proper application of the restrictive covenants and to determine whether the developer was in violation of the restrictive covenants.

In response, the developer filed a counterclaim against the landowners alleging that the intent of the lawsuit was to prohibit his ability to subdivide the property and that the landowners had slandered the developer’s title to the property subject to the restrictive covenants.  Murray subsequently filed a motion with the Court asking for the slander of title counterclaim to be dismissed and, after a lengthy hearing, the Court granted Murray’s motion to dismiss the counterclaim.

Thereafter, the parties met for mediation on three separate occasions.  The developer proposed resolving the lawsuit by purchasing the landowners’ property which would then eliminate the restrictions against subdivision of the surrounding properties.  Although the developer informed the landowners that he believed their property was only worth $1,200,000 without the restrictive covenants, the developer agreed to pay $1,700,000 after lengthy negotiation to purchase the property and provided other concessions to the landowners to give them time to find a suitable replacement property.


The Odom Firm’s team of David Murray, Tommy Odom, Keren Patrick and Andy Patrick participated in the annual “Clays for Conservation” tournament in Norwood, NC, which benefits the Catawba Lands Conservancy.  While the team did not b… Read More
The Odom Firm is proud to announce that attorney David Murray has been selected to The Best Lawyers in America 2021 for his work in land use and zoning law.  This is David’s 1st year being selected to the Best Lawyers publication.  David is t… Read More
The Odom Firm is proud to announce that attorney Tommy Odom has been selected to The Best Lawyers in America 2021 for his work in eminent domain and land condemnation law.  This is Tommy’s 11th year being selected to the Best Lawyers publicati… Read More
The Odom Firm Gets Millions for Property Owner with Land Near Airport The City of Charlotte has opted to avoid the potential turbulence of a condemnation action and agreed to pay $8.35 million for eight acres of land earmarked for the expansion… Read More
One of the Constitutional Rights Council’s goals is to increase public awareness of the U.S. Constitution. The section sponsors CLE programs and services, provides members with a substantive newsletter and helps mold the association&… Read More