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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 ...
A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restrictions upon the use of that land regardless of the owner. A covenant for title that comes with a deed or title to the property assures the purchaser that the grantor has the ownership rights that the deed purports to ...
The HOA's governing documents generally "run with the land", which means that all current and future owners of property within the HOA will be bound by them as a condition of property ownership. They usually include: The covenants, conditions, and restrictions (CC&Rs) of the subdivision. These are likely the most important documents affecting ...
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 ...
A handful of bills that North Carolina’s legislature passed into law over the past two years will go into effect Monday. Here are highlights of some of these new laws and their provisions:
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
A provision in last year’s North Carolina Farm Act declared that state wetlands protections could not be any stricter than those defined by the federal Clean Water Act, a change that exposes ...
Private transfer fee covenants, like similar covenants and restrictions attached to real property, generally provide for legal and equitable remedies, including foreclosure of a lien and a claim against the owner, who, in taking title to the real estate, takes title "subject to" all claims and assessments.