Aceable real estate Level 4 Chapter 1 private land controls

Chain of title

sequence of transfers or title to property of past owners and historical time line

What type of restrictive covenants would be created by developer

size and type of building built Set back requirements Height limits Annual ownership aesthetic things like roof, paint colors, siding etc

Typical deed restrictions Covenants and restrictions relate to

type of building Acceptable uses for land Type of construction, height, set backs, and square footage cost Aesthetic limitations Prohibited additions

Types of Public land use

zoning, building codes, ordinances in subdivision

Civil Rights ACTof 1968 relating to deed restrictions

An older property may have once had a deed restriction on it forbidding race, ethnic or religious groups but that violates this act. If someone filed a restriction now it would be nullified

give example of restrictive covenants as a term of sale or inheritance

An owner could create restrictive covenent that prohibits future owners from smoking on the property or tearing down a shed

Conditional Deed Restrictions

Are restrictions that state if the property owner violates the restrictions the Title will be REVERTED back to previous owner. Example, Uncle sells home to nephew stating he cannot take out the marble statues. Nephew would loose title and it would REVERT BACK TO UNCLE

Why do developers and home owners want to restrict private land use controls

As you don't want to sell a home to a buyer who wants to build a home with 4 garages and then find out after closing DEED that the Restrictions prohibit it

Deed restrictions cannot violate for different religion race. Etc. What kind of law would that be

Cannot violate Fair housing laws

Deed Restrictions and Restrictive Covenants are also known as

Conditions Restrictions CC&R's

If a property has a conditional DEED restriction what happens if property owner violates Deed restriction

Loose title and reverts back to owner

How can Deed restrictions be ended

Many restrictions come with end dates after 25 years have ended The owner is released from covenant by By the court by HOA Neighborhood association Creator of covenant

The Doctrine of Laches states that if property owners are

Means you are out of time If neighbors want to enforce deed restrictions they must act on violations with in a set period of time or face the Doctrine of laches. You are out of time. Cannot enforce it later. This enforces: Fair enforcement Rules apply to all

Can deed restrictions prevent a owner from selling or mortgaging a property in the future

No

Question: A restrictive covenant puts restrictions on a property's title does it have to be a deed or run with the land

No a deed does not have to be a restriction No and it does not always have to run with the land

Can Deed restrictions strip a home owner of ownership

No a neighbor can sue them but cannot do do this

Deed restrictions must

Not be discriminating Promote general welfare of public be consistent Be exercised reasonably Be clear and specific

3 Types of Land Use Controls

Public land use controls (government) Private Land use controls- Public ownership of land

Private Land controls

Restrictions that developers and homeowners attach to the land that they are selling

Public ownership of land

Role of government to own and maintain public land such as streets highways and parks

Deed restrictions cannot violate what

State Local Federal laws

Question: If deed restriction has a strictor rule than a zoning ordinance which rule must be followed and why

The deed restriction because the strictist rule is the one that is followed

What would be some Deed restrictions placed in a subdivision

Usually a deed will say a property cannot be developed for commercial or industrial use Deed limits developments to projects roughly the same as surrounding residential properties If property owner running a large business out of home that would violate DEED restrictions Zoning ordinance would be a DEED restriction-one family vs two on property

Land is subject to a variety of public and private land uses controls. How can these controls in land be used and how do they protect the rights to ownership

What you cannot build the environment protections for the land and its creatures and their are other rules that keep our society from crumbling

When is a Plat refered to a deed and restrictions

When a lot in a subdivision is conveyed by owners DEED and incorporates these restrictions as limitations on the title conveyed by DEED Restrictive covenants are included in DEED by reference and become binding on all grantees

Does "Restriction" stay with the land

Yes it stays with the land and not owner

If conditions in a restrictive covenant can it be terminated

Yes, if conditions change drastically and if nobody is receiving benefit from covenant it can be terminated

Can neighbors file an injunction with the court for violations

Yes, they can file this and if granted the violator has to fix the violation or would be contempt of court

Restrictive Covenants (Deed Restrictions)

covenants that impose restrictions on land use; created at conveyance of land to a new owner

What is something a deed restriction can't do

discriminate against any protected group as it violates Federal housing laws

What happens when a Restrictive covenant is in recorded chain of title

future owners are subject to restriction

Private Land use controls

land use controls put into place by Non govn't entitles real estate developers most common DEED restrictions

Qualified Fee Estate

A fee estate that is subject to certain limitations imposed by the person creating the estate Or A restrictions are one of the things title companies look for before closing of the property and guarantees there is nothing to stop FEE SIMPLE ownership of property So reverts back to owner

What is a deed restriction?

A limitation placed on land use (usually by the owner or developer) that is made part of the deed Runs with the land Applies to future owners of property

Common type of restrictive covenants

Deed restriction

2 ways private citizens can control how land is used

Deed restrictions and Restrictive covenants

What is difference between Restrictive Covenant and Deed restriction

Difference is Restrictive covenant isn't attached to the DEED While a Deed restriction is attached to the DEED

What deed restrictions cannot do

If restriction is not valid then a restraint cannot be placed. It has to benefit all property owners in subdivision

Which set of rules would be more restrictive on deed restriction

The one that is more restrictive. However, if DEED restriction is in conflict with the local, state, or federal laws or zoning ordinances DEED restriction not enforced

If restrictive covenant is void by court what happens

The validity of deed not affected The estate stands free from invalid covenant or conditions

Are DEED restriction and Restrictive covenant the same

These terms are used inter changeably Deed restrictions are put into place by developer Deed restrictions are disclosed to parcel buyers in sales contract And Restrictive Covenants put restrictions on a property's conveyance

Does a Deed restriction influence how a title is transferred to a buyer

This restriction does not influence how a title is transferred to a buyer but it DOES set limits on how a property can be used by owner