UPDATE: It occurs to me that burdening the word “including” with “but not limited to” is like the hideous phrase, “close proximity”, that is, the adding of a completely unnecessary qualifier. Other examples would be “very unique”, “over exaggerate”, etc.
It’s the kind of annoying crud that litters our language these days, and as usual, lawyers get the blame. A modern group of lawyers, tasked with re-writing the greatest document ever created, the US Constitution, would quickly balloon it to twenty thousand pages.
See that weasely, lawyerly phrase in my title? It’s used by lawyers because other lawyers (especially the ones permitted to parade around in black robes) like to play a little game of “we didn’t know what you meant”.
Long ago some judge probably ruled against someone, declaring that the word “including” was not clear enough, and from that point onward, lawyers never miss a chance to add “…but not limited to”.
People who hope to sound lawyerly now add this repulsive phrase to normal, non-legal documents, very tedious, don’t you agree?
Anyway, so getting back to the case of 107 Meadow Road, the $6,995,000 property and its astoundingly restrictive covenant (you can’t alter the exterior of the existing building in any way): will anyone buy it? The covenant is positively filled with “including but not limited to’s”, and the owner has fully empowered The Greenwich Land Trust to enforce its provisions, so if you plan to buy the property and have your team of lawyers overturn the restrictions, I think you will lose.
But do you really need to overturn the restrictions? I predict there will be plenty of buyers who’ll take it, restrictions and all. They will like this house and have no problem whatsoever being limited to interior improvements only. How do I know? Nantucket. They have exactly this kind of architectural restrictions on older buildings. Have you checked Nantucket prices lately? They’re rather high…
107 Meadow Road, listed by Monie Sullivan
P.S. Note the similarity in the view above to this one from 531 Indian Field Road, which sold a few years ago for $18,000,000, then $25,000,000 more recently!