Restrictive Covenants Via Wikipedia

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Restrictive covenant From Wikpedia, the free encyclopedia

A real covenant is a legal obligation imposed in a deed by the seller upon the buyer of real estate to do or not to do somethng. Such restrictions frequently "ru with the land" and are enforceable on subsequent buyers of the propert. In jursdictions that use the Torrens system of land registration, restrictive covenants are generally registered against title.

I Contents

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. 1 Scope of covenants I . 2 Commercial covenants I

. 3 Residential covenants I

. 3.1 Controversy I . 3.2 Housing segregation! i

. 4 See also I . 5 References

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Scope of covenants Restrctive covenants may arse from many sources, and may be registered against titles or included in leases. Some covenants exist for safety puroses, such as a covenant forbidding the constrction of tall buildings in the vicinity of an airport or one restrcting the height of fences on comer lots (so as not to interfere with drvers' sight lines). Covenants may restrct everyg from the height and size of buildings to the materials used in constrction to superficial matters

such as paint colour and holiday decorations.

Commercial covenants Restrctive covenants ar commonly registered against commercial properties. Genera

covenants such as those restrcting the heights of structures or forbidding certain "dirt" businesses (such as feedlots or chemical production facilities) are common in industral areas located near residential communties. Developers may seek to restrct the tye of business allowed to operate in a cert area so that a purchaser of land in a research park, for example,

lease may include a restrctive covenant forbidding the sale of certain items, such as pornography or liquor. A powerfl mall tenant (such as a major supermarket chain or other Anchor store) may require its landlord to include in its leases to other tenants a restrctive covenant forbidding the sale of certain items (such as fresh meat and produce). The latter situation is more common outside the United States, and is especially seen in Canada. could not tu the building into a bingo parlour or a tool and die factory. A commercial

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Residential covenants Residential covenants are relatively common in the United States. Some residential covenants may be considered generally benign, such as those preventing owners or tenants from removing healthy trees, fudamentally alterig historically importt strctues, or directly haring

propert values. Others, however, are more detailed. Some restrctive covenants may govern what colour a home's exterior is painted, what and how many exterior decorations are allowed, where cars are allowed to be parked, or even who lives in the house (outside of the owner's nuclear family).

Many communities also attempt to forbid amateur radio or outdoor television antennas. Various states in the United States have enacted or are enacting laws forbidding such restrctive covenants and rendering void existing covenants, as amateur radio operators are often seen as essential emergency services. (1)

Controversy Some have accused homeowners associations of selective enforcement of these rules, makg a case only when it is somethig (or someone) another person dislikes. Breaking a rule, even untentionally, can brig fines or even a lien on the home. In exteme cases, homeowners'

associations may file a lawsuit against a resident who violates the association bylaws or even foreclose their propert.

Attempts have been made to have federal agencies preempt certain restrctive covenants. For example, the American Radio Relay League attempted unsuccessfully to have the FCC preempt restrictive covenants related to amateur radio towers. The FCC found that restrctive covenants are private contractual agreements, not state or local regulation, and not subject to the FCC pre-emption policy. (2)

A restrctive covenant differs in the United States from a zonig regulation in that its creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than an exercise of the governental police power. In Canada, governental authorities may apply both restrictive covenants and zoning regulations to properties. For instace, the city of Calgar's requirement that buildings in the genera vicinty of Calgar International Airort be under a certin height is registered against virally every title in the the city as a restrctive covenant, not as a zonig by-law. norteast quadrant of

Housing segregation In many cases before the 1960s, these covenants were used for segregationist puroses. (3) In the case of Shelley v. Kraemer, the United States Supreme Cour ruled that it would be unconstitutional for the cours to enforce racially restrctive covenants, and such covenants no

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Restrctive covenant - Wikpedia, the free encyclopedia

longer have any force.

See also . Timeline of Racial Tension in Omaha, Nebraska . Covenant

References 1. A State Statutes Incorporating 'PRB-1 like' Legislation, American Radio Relay League (Accessed 9 Januar 2008)

Policies and Procedures Governing Siting and Maitenance of the Commission's Rules Govering the Amateur Radio Service, Memorandum Opinion and Order, 17 FCC Rcd 333 (2001), aflg Order on Reconsideration, 15 FCC Rcd 22151 (WTB 2000), aflg Order, 14 FCC Rcd 19413 (WTB 1999), recon. dismissed, 17 FCC Rcd 19408 (WlB PSPWD 2002)

2. A Modification and Clarfication of

Amateur Radio Antennas and Support Strctues, and Amendment of

Section 97.15 of

("PRB-1 200 I ")

3. A The Origins and Difusion of Racial Restrictive Covenants Michael Jones-Correa Political Science Quarerly, VoL. 115, No.4 (Winter, 2000-2001), pp. 541-568

Retreved from ''htt://en. wikipedia.org/wikestrctive _covenant" Categories: Contract law I Real propert law I History of racial segregation in the United States I Urban decay

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