Search results
Results from the WOW.Com Content Network
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 ...
The covenant must 'touch and concern' the land – it must affect how the land is used or the value of the land The benefited land must be identifiable. At common law, the burden of a restrictive covenant does not run [ 15 ] except where strict privity of estate (a landlord/tenant relationship) exists.
At the time of purchase, they were unaware that a restrictive covenant had been in place on the property since 1911. The restrictive covenant prevented "people of the Negro or Mongolian Race" from occupying the property. Louis Kraemer, who lived ten blocks away, sued to prevent the Shelleys from gaining possession of the property.
Tulk v Moxhay is a landmark English land law case which decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity.
Conservation easement boundary sign. In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights ...
An agreement for a first neighbour to refrain using his own land for the benefit of a second would be a restrictive covenant. Naturally people could contract to use land in any way conceivable. However the courts viewed it as a different matter whether a successor in title to the original contracting party was bound.
Kraemer case in 1948, the Supreme Court ruled that the amendment's Equal Protection Clause outlawed the states' legal enforcement of racially restrictive covenants in state courts. In this event, decades of segregation practices were annulled, which had compelled blacks to live in overcrowded and over-priced ghettos .
The act is intended to provide clear rules for perpetual real estate interests – an environmental covenant – to regulate the use of brownfield land when real estate is transferred from one owner to another. The Uniform Law Commissioners completed the proposed act in 2003.