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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 ...
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.
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).
In 1926, racially restrictive covenants were upheld by the Supreme Court case Corrigan v. Buckley. After this ruling, these covenants became popular across the country as a way to guarantee white, homogeneous neighborhoods. [7] In Village of Euclid v. Ambler Realty Co. in 1926, the Supreme Court also upheld exclusionary zoning.
Also, restrictive zoning regulations have made the approval process for development more arduous and extensive. The increased bureaucracy and red tape has meant that developers now encounter a myriad of fees for variance (land use) , a building permit , a certificate of occupancy , a filing (legal) cost, special permits and planned-unit ...
Land Law (restrictive covenants on land are imposed upon subsequent purchasers if the covenant benefits neighbouring land) Agency and the assignment of contractual rights are permitted. Third-party insurance - A third party may claim under an insurance policy made for their benefit, even though that party did not pay the premiums.
In contract law, a non-compete clause (often NCC), restrictive covenant, or covenant not to compete (CNC), is a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer).
Many HOAs have restrictive covenants preventing a homeowner from installing an OTA (over-the-air) rooftop antenna. These restrictions are also no longer enforceable, except in some instances. For example: the antenna may be installed at any location unless it imposes upon common property.