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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).
A deed restriction is a legal stipulation written into the deed of a property that dictates certain conditions or limitations on use. These restrictions can range from architectural guidelines to ...
Furthermore, age-restricted communities are often established as deed-restricted communities with Covenants, Conditions, and Restrictions (CC&Rs, which see) or a home owners' association (HOA, which also see), under the developer's control until turned over to the Lot Owners to elect their own HOA board and administer the CC&Rs that govern the ...
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.
Kraemer, 334 U.S. 1 (1948), is a landmark [1] United States Supreme Court case that held that racially restrictive housing covenants (deed restrictions) 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 ...
The designers of Palos Verdes Estates, Frederick Law Olmsted Jr. and Charles Cheney, used deed restrictions as a method of controlling development of the subdivision, even after many of the lots would have already been sold. [16] The deed restrictions prohibited nuisance businesses, such as polluting industries, but also bars and cemeteries.
The names of these offices are usually the "Recorder of Deeds" or something similar. State statutes also prescribe the following elements: What instruments are entitled to be recorded, usually deeds, mortgages (whether or not in the form of deeds of trust), leases (usually longer term varieties), easements, and court orders. There is generally ...
California prevented aliens (mainly Asians) from holding title to land until the law was declared unconstitutional in 1952. [14] Currently there are no restrictions on foreign ownership of land in the United States, although sales of real estate by non-resident aliens are subject to certain special taxation rules.