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Recent Developments in Connecticut Regarding Church Property

A Connecticut court ruled that a church could construct a parsonage in a subdivision despite a "restrictive covenant" prohibiting any use other than a "strictly private residence."

Key point. Parsonages ordinarily are a permitted use in residential neighborhoods. However, this may not be true if a restrictive covenant exists limiting the use of the property to residential purposes and there is evidence that the parsonage is or will be used for church business and activities.

A Connecticut court ruled that a church could construct a parsonage in a subdivision despite a "restrictive covenant" prohibiting any use other than a "strictly private residence." A group of homeowners asked a court to issue an order barring a church from constructing a parsonage in their subdivision. The homeowners asserted that their deeds, and the other deeds to lots in their subdivision, contain a restrictive covenant which states that the lots may not be used for "any business purpose whatsoever, or for any other purpose, other than a strictly private residence." They further insisted ...

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Posted:
  • March 2, 1998

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