Andrew Atkins Featured in News & Observer on Housing Covenant Dispute

The News & Observer (N&O) of Raleigh turned to construction attorney Andrew Atkins for insights in the story "NC Clash Between Higher Density Housing and Neighborhood Preservation Lands in Court” that covers a legal battle between a developer seeking to overturn a decades-old restrictive covenant to build higher-density housing and opposing neighborhood residents.

The controversy stems from the developer’s plan to construct twelve four-story townhouses in Raleigh, a proposal that has faced significant resistance from people living near the property. Homeowners are fighting to uphold the 1958 covenant that restricts land use in the area to single-family homes.

"Covenants that have not been preserved by being re-recorded within a 30-year period will generally be extinguished under the North Carolina Marketable Title Act,” said Andrew, who is not involved in the case and cannot speculate on the outcome. Andrew noted that many covenants may have already expired and cannot be revived, a crucial factor in the ongoing litigation.

Plus, the case law surrounding exceptions is relatively new, he added, despite the covenant law being in existence for over 50 years.

"While only a few cases exist,” Andrew said, "the general theme is that the intent of the Marketable Title Act should be broadly construed, while the application of restrictive covenants is to be narrowly construed.” That will lead to redevelopment, he said.

This case reflects broader tensions in Raleigh as the city grapples with housing shortages and the push for "missing middle” housing options. Andrew said that the intent of the Marketable Title Act is often interpreted to spur redevelopment, which has become a point of contention among residents who want to preserve the character of their community.

Andrew focuses on construction law and has significant experience in litigation and contracting, regularly representing owners, contractors and developers in multi-party disputes involving public and private commercial projects. He also co-chairs the Real Estate Litigation practice at Smith Anderson. He is also involved in other commercial, contract and business-related disputes. Andrew has been recognized in The Best Lawyers in America®, Construction Law (2025) and Best Lawyers: Ones to Watch® in America in Litigation - Real Estate (2021-2024); Construction Law (2022-2024) and Real Estate Law (2023-2024) and Benchmark Litigation’s® "40 & Under” List (2024).

The full story can be viewed here, and Andrew explains more about covenants to the N&O here.