Chapter 1: Private Land-Use Controls. Explain how the bundle of rights interacts with deed restrictions and covenants Describe what deed restrictions and restrictive covenants are and how they function Explain how deed restrictions and covenants

Typical Deed Restrictions

Type of building Acceptable uses for the land Type of construction, height, setbacks, and square footage Cost Aesthetic limitations Prohibited additions

Conditional deed restrictions also known as qualified fee estate. Such restrictions are one of the things title companies search for before a buyer closes on a property to guarantee there is nothing to cloud their fee simple ownership of the property.

Uncle Ray sells his home to Little Nephew with a deed restriction stating that Little Nephew must not remove the marble statues of Uncle Ray that dot the property or he (Little Nephew) will lose the title. If Little Nephew tears those works of art down in a fit of pettiness, the property's title reverts to Uncle Ray.

Type of building Acceptable uses for the land Type of construction, height, setbacks, and square footage Cost Aesthetic limitations Prohibited additions

What Deed Restrictions Can and Can't Do

Deed restrictions usually are considered valid 1. if they are reasonable restraints and 2. are for the benefit of all property owners in the subdivision. They may NOT, however, 1. violate local, state, or federal laws. 2. Can't violate fair housing laws which would be restricting the sale of property to people of a particulate religion or race. Deed restrictions in violation of fair housing laws, such as restricting the sale of property to people of a particular religion or race, are not enforceable. 3. Can't prevent owners from selling or mortgaging the property in the future

What Deed Restrictions Can't Do What makes Deed restrictions valid?

Deed restrictions and restrictive covenants

What are the two ways private citizens can control how land is used? Zoning laws and law suits Deed restrictions and restrictive convenants HOA bylaws and community standards Community board and title controls

a neighborhood might be zoned for any kind of residential use, recorded by the developer specify that only one-family homes can be built there. whichever set of rules is more restrictive is the one landowners must follow

What is an example of a zoning ordinance What is and example of a dead restriction Why does it matter?

Conditional deed restrictions

are deed restrictions that state that if the property owner violates the restriction, the title will revert to the previous owner.

deed restrictions

1. is a provision in a deed that restricts the land use of a property. 2. is attached to a deed, runs with the land, 3. applies to all future owners of the property.

The restrictions in one subdivision development specify that a home be at least 75% brick with at least 2,500 square feet and that no boat or recreational vehicle may be kept on the street, driveway, or lot. You'll have to find another place to park your boats, Travis. I

A deed restriction does not influence how a title is transferred to a buyer, though it does set limits on how the property may be used by the owner. For example :

covenants, conditions, and restrictions (CC&Rs)

Deed restrictions and restrictive covenants are also known as

For example, an older property may have once had a deed restriction forbidding the sale of the property to certain racial, ethnic, or religious groups. As that violates the Civil Rights Act of 1968, it would be nullified.

However, if a deed restriction is in conflict with a local, state, or federal law or local zoning ordinance, the deed restriction is not enforceable.

The deed restriction, because the strictest rule is the one that is followed

If a deed restriction has a stricter rule than a zoning ordinance, which rule must be followed and why? The deed restriction, because the strictest rule is the one that is followed the deed restriction, because deed restrictions always trump zoning rules the zoning ordinance, because it is a municipal law the zoning ordinance, because the laxest rule is the one that is followed

doctrine of laches

In fact, if neighbors want to be able to enforce deed restrictions at all, they must act on violations within a set period of time or face the doctrine of laches (pronounced like "latches").

All thing restrictions must have.

Not be discriminatory Promote the general welfare of the public Be consistent Be exercised reasonably Be clear and specific restrictions as limitations on the title conveyed by the deed.

Private Land Use Controls Restrictive Covenant

Owners and developers enact private land-use controls through something called are put into place by non-governmental entities, such as real estate developers — most commonly, these come in the form of deed restrictions

Because of the doctrine of laches. Rhoda and her HOA failed to enforce the paint color regulations when her Wolverine fan neighbor painted his house unapproved colors. It now may be too late to enforce the rule at all. After all, it wouldn't be fair for her to only require regulation paint for people supporting teams she doesn't like.

Rhoda lives in a community with a lot of CC&Rs. For example, there is a limited number of colors that homes may be painted. Rhoda's neighbor Merle is a very enthusiastic fan of the Michigan Wolverines. Merle paints his entire house maize and blue. Unsurprisingly, these colors are not on the approved list. Odd, but harmless, Rhoda decides. A few years go by. A new neighbor moves in. This neighbor, being a fan of the Alabama Crimson Tide, paints his house crimson and houndstooth. Enough is enough, decides Rhoda (a dedicated Auburn Tiger). She calls a meeting of the HOA to enforce the CC&R. But when they talk to their lawyer, she informs them the CC&R may be unenforceable. I Why would Rhoda's HOA be unable to enforce the CC&R regarding paint

encumbrances

Some of these like easements and liens, can render a property virtually unmarketable unless they can be resolved at or before closing. Buyers don't favor properties with encumbrances, because they may inherit that encumbrance if they purchase the property.

Public Land Use Controls

These are government-issued land-use controls such as zoning ordinances, subdivision regulations, and building codes.

discriminate against any protected group

Which of these is something that a deed restriction CAN'T do? make a development singe-family-home-only create a height limit for buildings discriminate against any protected group require a minimum square footage

Harmony Acres didn't make Jim take down his ugly fence, so now the ugly fence prohibition can't be enforced.

Which of these scenarios illustrates the doctrine of laches? Plucky Pines requires homebuyers to contribute $250 a month to an HOA fund. Harmony Acres didn't make Jim take down his ugly fence, so now the ugly fence prohibition can't be enforced. Setback from the street must be a minimum of 15 feet in Shady Grove Cypress Hollow's HOA board is composed of homeowners, developers, and a planner from the city.

Commonly, deed restrictions will create rules that are even stricter than zoning ordinances

Which rules can be stricter deed restriction or Zoning ordinance

Developers / parcel

Who? Deed restrictions are put into place by ??? Disclosed to this kind of buyer in the sale contract.

Doctrine of Laches

a legal principle used to bar dated claims; used in conjunction with an unreasonable delay or negligence in asserting or defending one's rights

Deed Restriction

a provision in a deed that restricts the land use of a property

Conveyance

an instrument that transfers a grantor's interest in real property

Restrictive covenants

can be made by an individual owner as a term of sale or inheritance. For example, an owner could create a restrictive covenant that prohibits the future owner from smoking on the property or from tearing down a beloved shed. But much more commonly, restrictive covenants are created by developers as part of subdividing a parcel of land. They concern things like the size and type of building that can be constructed in the subdivision, setback requirements, height limits, square footage minimums or maximums, allowable additions, limits on occupancy or animal ownership, and even aesthetic things like roof styles, paint colors, or siding.

land-use control

controls help 1. regulate how land is used and they 2. protect the rights to ownership. They concern 3. what you can and can't build, 4. environmental protections for the land and its creatures, and 5. other rules that keep our society from crumbling into a toxic, Mad Max-style free-for-all.

restrictive covenant

deed restriction" and "THIS? " are often used interchangeably, The difference is that a THIS? isn't necessarily attached to the property's deed while a deed restriction is.

doctrine of laches

is a legal principle used to bar dated claims. It's used in conjunction with an unreasonable delay or negligence in asserting or defending one's rights.

Restrictive Covenants. Most often, that conveyance is in the form of a deed, but it doesn't have to be. Once a restrictive covenant is in the recorded chain of title, future owners are subject to the restriction. If the covenant relates to land use, it runs with the land. (This means that the restriction stays with the land and not the owner: It applies no matter who owns the property.)

is a limit on land use that is imposed by a property owner. put restrictions on a property's conveyance, or the instrument that transfers a grantor's interest in real property.

encumbrance

is a non-possessory interest in a property that burdens the title. Encumbrances affect the property's clear title and may limit the use of the property by the owner. may transfer in the transfer of the deed or ownership

Encumbrance

non-possessory interest in a property that burdens the title

Covenants, Conditions, and Restrictions (CCRs)

private restrictions similar to deed restrictions that dictate what homeowner may do with their property

Land-use Control

regulations that specify how the owners of individual parcels of real estate in a given area may use property