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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 ...
However, many modern developments are also restricted by covenants on property titles; this is often justified as a means of preserving the values of the houses in the area. Covenant restrictions can be removed through court action, although this process is lengthy and often very expensive.
“The issue regarding the restrictive covenants is a private matter that the city is not involved in,” said Julia Milstead, the city’s public information officer, in an emailed statement.
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.
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. It is the reason that Leicester Square exists today.
May 11—An advocate for mapping the history of racial covenants in property deeds says the work is as much about current policies and attitudes as it is about past prejudices. "The practice of ...
Davidson Bros., Inc. v. D. Katz & Sons, Inc., 643 A.2d 642 (App. Div. 1994), was a case decided by the Appellate Division of the Superior Court of New Jersey that first applied public policy considerations instead of the touch and concern doctrine when deciding the validity of a restrictive covenant.
Largely dating back to the 1930s, ’40s and ’50s, the outdated covenants stretch from north to south, and many places in between. | A Matt Driscoll column
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