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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.
"Legally permissible" can be a tricky conceptual test, because even uses that are currently not permitted may be considered. This happens when there is a reasonable prospect (at least 50%) that the regulation, zoning, deed restriction, etc. can be changed to permit the proposed use.
A month after the judge ruled in favor of developers in the lawsuit over deed restrictions, University Heights neighbors, who filed the suit in 2022, are asking for the decision to be reconsidered ...
Zoning is a law that divides a jurisdiction's land into districts, or zones, and limits how land in each district can be used. [1] [2] In the United States, zoning includes various land use laws enforced through the police power rights of state governments and local governments to exercise authority over privately owned real property. [3]
Springfield City Council denied the controversial rezoning in University Heights, but some residents are pursuing further litigation as a precaution.
“The deed restriction has been a big factor.” What the school district says Paul said he was told the school board wanted the alcohol restrictions on the property “for the safety of the kids.”
Here A has the possession, B has an apparent right of possession (as evidenced by the purchase), D has the absolute right of possession (being the best claim that can be proven), and the heirs of E, if they knew it, would have the right of property, which they however could not prove. A good title consists of the combination of these three ...
Apr. 17—TRAVERSE CITY — Deed restrictions that are good for 99 years could be a way to increase year-round housing in a community by preventing them from becoming short-term rentals. With a ...