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