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Every county recorder in California will establish a program to identify and redact unlawfully restrictive covenants from the state’s real The post California law requiring removal of racial ...
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 ...
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.
This builds on earlier legislation that allowed homeowners to request the removal of such language. [59] Washington: The state passed a law in 2021 that requires all real estate documents to be free from racially restrictive covenants and provides a process for property owners to have them removed. [60]
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This may provide a measure of the value to the parties of the covenant at the time. Whether the covenant clearly and expressly sets forth the restrictions. Whether the covenant was in writing, recorded, and if so, whether the subsequent grantee had actual notice of the covenant. Whether the covenant is reasonable concerning area, time or duration.
Restrictive covenant 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 .
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. [1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.