C Invs. 2, LLC v. Auger

Summary

The court held that the Marketable Title Act's residential-use exception preserves only covenants that themselves restrict property to residential use within a general or uniform scheme of development. Because the plaintiff's title chains were more than thirty years old and did not reference the other covenants, those covenants were extinguished by operation of law, while the residential-use covenant survived. The court therefore affirmed the grant of summary judgment.