C Invs. 2, LLC v. Auger

Summary

The Court held that the Marketable Title Act's residential-use exception preserves only restrictive covenants that themselves require property to be used residentially within a general or uniform scheme of development. Because the plaintiff's title chains extended more than thirty years without reference to the covenants, the remaining eight covenants were extinguished by operation of the Act. The Court therefore affirmed summary judgment for the plaintiff; the separate dissent would have preserved all covenants in the residential scheme.