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Real Estate Law

 
 
gollum
 
Reply Tue 29 Dec, 2015 01:48 pm
If a property owner places a restrictive covenant in the deed to his property, does the restriction continue in perpetuity, long after his death no matter how many times the property changes hands?
 
jespah
 
  4  
Reply Tue 29 Dec, 2015 01:52 pm
@gollum,
This is covered by bane of the existence of most law students - The Rule Against Perpetuities.

Don't ask me to explain it in depth. Like most people who have ever taken the Bar, you forget the details afterwards unless you do Real Estate practice.
cicerone imposter
 
  0  
Reply Tue 29 Dec, 2015 03:16 pm
@gollum,
It depends on many things including city/county codes, but there are ways to get around some restrictive covenants by getting the approval of your neighbors -in writing. It's a good idea to get an attorney.
Sabeel
 
  1  
Reply Fri 21 Oct, 2016 06:56 am
@cicerone imposter,
Its Good Reply....I agree with you....
0 Replies
 
Ticomaya
 
  3  
Reply Wed 26 Oct, 2016 09:38 pm
@jespah,
jespah wrote:
This is covered by bane of the existence of most law students - The Rule Against Perpetuities.

Don't ask me to explain it in depth. Like most people who have ever taken the Bar, you forget the details afterwards unless you do Real Estate practice.


Oooh. My favorite was The Rule in Shelley's Case, followed by The Doctrine of Worthier Title.
jespah
 
  3  
Reply Thu 27 Oct, 2016 08:05 am
@Ticomaya,
Ack! Make it stop!
0 Replies
 
redblood101
 
  1  
Reply Thu 4 May, 2017 04:10 am
@gollum,
It is the responsibility of the developer to monitor and enforce the Property Covenants they have set in place, and they last as long as the developer enforces them or up to 10 years. The responsibility of monitoring and enforcing covenants and by-laws can often be passed along to a body corporate to monitor and enforce the after the initial Covenant period has expired.
gollum
 
  1  
Reply Thu 4 May, 2017 05:00 am
@redblood101,
redblood101-

Thank you.

"As long as the developer enforces them or up to 10 years."

If the developer enforces them for more than 10 years? As this written into State law?
jespah
 
  3  
Reply Thu 4 May, 2017 05:56 am
@gollum,
Beware of any specific number like that when talking about the law. Specific numbers are almost always the hallmark of one particular jurisdiction. The law varies from country to country and state to state. One size is nearly never going to fit all. A specific number in a legal answer, unless the jurisdiction is known, is nearly always going to be wrong.
cicerone imposter
 
  1  
Reply Thu 4 May, 2017 08:44 am
@jespah,
https://en.wikipedia.org/wiki/Covenant_(law)
When we bought our home/property, I remember reading about the convent on what's underneath the ground. We have no rights to oil or water.
roger
 
  1  
Reply Thu 4 May, 2017 02:06 pm
@cicerone imposter,
That's common around here. According to 'common knowledge' there are simply no land sales that include mineral rights. The question is whether the land owner can deny access to, say, Conoco/Phillips.
0 Replies
 
 

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