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A covenant can be terminated if the original purpose of the covenant is lost. In some cases property owners can petition a court to remove or modify the covenants, and homeowner associations may include procedures for removing the covenants. The covenant may be negative or affirmative. A negative covenant is one in which property owners are ...
For example, a husband and wife can be owners (technically, title owners) of real property that is also encumbered by a mortgage and a mechanics lien. Their neighbor may have an easement for a utility line, and a license for entry and exit to a nearby plot of land.
A homeowner association (or homeowners' association [HOA], sometimes referred to as a property owners' association [POA], common interest development [CID], or homeowner community) is a private, legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents.
The HOA governs the CID based upon the incorporated covenants, conditions, and restrictions (CC&Rs) which were recorded when the property was subdivided. [citation needed] The CC&Rs will outline the financial budgeting guideline for the HOA in determining the dollar amount in maintenance fees for assessing the owners. In a wholly owned CID ...
Following this decision, however, nineteen states began legally supporting "covenants," or agreements, between property owners to not rent or sell any homes to racial or ethnic minorities. Although the covenants were later made illegal in 1948, they were still allowed to be in private deeds. [8]
In this case, the court said, "the acquisition of the property will serve the public use of mitigating parking and traffic congestion." That sort of reasoning, Bowers argues, is suspect even under ...
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.
The property owners paid the fee to the homeowners' association. [177] The Court agreed that "a covenant to pay a sum of money is a personal affirmative covenant which usually does not touch or concern the land." [178] Nonetheless, the court reasoned that property owners gained access to public roads, beaches, and public parks, and public ...