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In real estate, a restrictive covenant is a rule or condition placed on a property that outlines what homeowners can and cannot do with their land. These covenants are legally binding and often ...
In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
Shelley v. Kraemer, 334 U.S. 1 (1948), is a landmark [1] United States Supreme Court case that held that racially restrictive housing covenants cannot legally be enforced.. The case arose after an African-American family purchased a house in St. Louis that was subject to a restrictive covenant preventing "people of the Negro or Mongolian Race" from occupying the property.
Restrictive covenants were legal until a 1948 Supreme Court decision in Shelley v. Kraemer made them unenforceable, though they continued to be included on deeds until the 1968 Fair Housing Act deemed that illegal as well.
Restrictive covenants were also introduced in response to the influx of black migrants during the Great Migration and constituted clauses written into deeds that prohibited African Americans from buying, leasing, or living in white neighborhoods.
In advocating support for a federal constitutional amendment guaranteeing the legal enforcement of racially restrictive covenants, the California Real Estate Association publication stated that "millions of home owners of the Caucasian race have constructed or acquired homes in areas restricted against occupancy by Negroes.
A nonpossessory interest in land is a term of property law to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court.
Decades of restrictive property covenants prove that San Luis Obispo isn’t “immune from systemic racism,” the founder of RACE Matters SLO said.