Real estate law RELChapter13Overview

Real estate law RELChapter13Overview - MANAGEMENT 4803...

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Unformatted text preview: MANAGEMENT 4803 LEGAL ASPECTS OF REAL ESTATE COLLEGE OF MANAGEMENT GEORGIA INSTITUTE OF TECHNOLOGY PROFESSOR LUCIEN J. DHOOGE OVERVIEW OF CHAPTER 13 Chapter 13 covers three important topics with respect to use of private property. These topics are private control of land use, government ownership of land and zoning. There are two methods of private control of land use. The first method is utilization of common law tort remedies. These remedies include actions alleging claims for relief sounding in private nuisance (unreasonable interference with the use of property by another landowner), trespass (physical invasion), strict liability (for abnormally dangerous activities) and negligence (failure to exercise reasonable care in using ones property). The second method of private control of land use is through recordation of restrictive covenants. A covenant running with the land is a voluntary restriction upon the use of the property the breach of which may result in an action for damages or injunctive relief. In order for a covenant to be binding upon subsequent landowners, the covenant must affect the or injunctive relief....
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