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The covenant must 'touch and concern' the land – it must affect how the land is used or the value of the land The benefited land must be identifiable. At common law, the burden of a restrictive covenant does not run [ 15 ] except where strict privity of estate (a landlord/tenant relationship) exists.
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 ...
Shelley v. 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.
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.
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All land-use factors contribute to mounting housing unit prices in comparison to less regulated communities. The communities specifically administering restrictive ordinances experience higher housing costs, like neighboring areas. Exclusionary zoning affects the overall regional housing market by reducing the total supply of units.
Though Wolf was Jewish, Noble still wanted to sell him the land, and so they applied to the court to have the covenant nullified, facing opposition from the "Pines" community. Noble and Wolf cited a 1945 decision in Re Drummond Wren, [1] where the Ontario Court struck down a discriminatory covenant. However, at trial and on appeal the courts ...
Conservation easement boundary sign. In the United States, a conservation easement (also called conservation covenant, conservation restriction or conservation servitude) is a power invested in a qualified land conservation organization called a "land trust", or a governmental (municipal, county, state or federal) entity to constrain, as to a specified land area, the exercise of rights ...