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(5) A signature by the agency, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant (6) The name and location of any administrative record for the environmental response project reflected in the environmental covenant. An environmental covenant MAY (optionally) contain:
In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent , imposes duties or restrictions upon the use of that land regardless of the owner.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
Private transfer fee covenants are filed in the real property records of the county in which the real property that is to be made subject to the fee is located. The instrument is typically styled "Declaration of Covenant", "Covenants, Conditions and Restrictions", or similar, and is executed by the property owner, known as the "Declarant".
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.
Covenant of quiet enjoyment: "The covenant of warranty is an assurance or guarantee of title, or an agreement or assurance by the grantor of an estate that the grantee and their heirs and assigns will enjoy it without interruption by virtue of a paramount title and that they will not, by force of a paramount title, be evicted from the land or ...
A full coverage search is usually done when creating a title report for sale/resale transactions and for transaction that involves construction loans. It generally includes searches related to property lien, easements, covenants, conditions and restrictions(CC&Rs), agreements, resolutions and ordinances that will affect the real property in question.
Under the statute of uses, modern real property law disregards this subtle distinction. [ citation needed ] A bargain and sale deed is especially used by local governments, fiduciaries such as executors , and in foreclosure sales by sheriffs and referees .