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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 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.
Real covenants and easements or equitable servitudes are similar [9] and in 1986, a symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. [4] As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax.
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 ordinance withstood several legal challenges before the U.S. Supreme Court eventually struck it down because of its anti-Chinese motivations. The prominent real estate developer J.C. Nichols was famous for creating master-planned communities with covenants that prohibited African Americans, Jews, and other races from owning his properties.
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. Several states have adopted the Act.
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