CHAPTER 13

CHAPTER 13 - Real Estate Chapter 13 CHAPTER 13 LEGAL...

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Real Estate Chapter 13 CHAPTER 13 LEGAL PLANNING AND REGULATIONS OF LAND USE I. Private Control of Land Use A. Covenant Running with the Land 1. Covenant Running with the Land - A restriction on the use of property created by a private person and recorded in the chain of title 2. The covenant is binding on future owners if: a. Expressed intent that the covenant run with land b. Covenant must “touch and concern” the land (marketable) c. Same estates 3. Law does not live private restrictions b/c a. Makes less useful b. Affect value c. Gov’t should be in charge in restricting land use instead of private owners 4. Anytime a private owner create a covenant (Interpretations of Court) a. Court interpret with strict interpretations b. Waiver (voluntary relinquishment of a known right) c. Changes in neighborhood d. Covenant can never be contrary to zoning ordinances e. Covenant NOT enforced: Race discrimination b/c it violate public policy II. Government Regulation of Land A. Condemnation (eminent domain) 1. Condemnation
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This note was uploaded on 04/06/2008 for the course BUSI 127 taught by Professor Dhooge during the Fall '07 term at Pacific.

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CHAPTER 13 - Real Estate Chapter 13 CHAPTER 13 LEGAL...

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