0
Are Restrictive covenants in title deeds to property enforceable?
Wiki User
∙ 15y ago
Yes. Restrictions are enforceable and the time period during which they are enforceable depends on the type and the statute of limitations in your jurisdiction regarding restrictive covenants.
In Massachusetts if you purchased land that is encumbered with restrictive covenants "that run with the land", the covenants can last for 30 years by law.
Some documents that create restrictive covenants recite a termination date. You need to check the language of the instrument that created the restrictive covenants and your state statute of limitations to determine if they have expired. If they are not expired then they are indeed enforceable.
Certain restrictive covenants may not be enforceable even if the term of effectiveness has not expired depending on the restriction. For example, a restriction that the property shall only be sold to members of a particular race or shall not be sold to members of a particular race. In SHELLEY V. KRAEMER , 334 U.S. 1 (1948), the U.S. Supreme Court ruled that racially restricted covenants were non-enforceable. Laws such as the Fair Housing Act of 1968 additionally made such restrictions illegal to enforce.
Wiki User
∙ 8y ago
Add your answer:
Earn +20 pts
What has the author Johnston Valentine Best written?
Johnston Valentine Best has written: 'The law governing restrictions and restrictive covenants' -- subject(s): Covenants, Deeds, Equity pleading and procedure, Real property
Is it legal to put playing basketball in the street in Georgia?
Yes, it is legal UNLESS you have city ordinances saying otherwise (or neighborhood covenants). Go research your neighborhood covenants and city ordinances. These can usually be found at your local courthouse and/or recording office (where property deeds are recorded). If such ordinances or covenants are in place you can complain to city council about it, and to your local homeowner's association.
Are there any good deeds?
There are millions upon millions of good deeds regarding deeds to real property. They far outnumber the bad deeds.
What Is the difference between a collector's deed and a deed of conveyance?
In Massachusetts a collector's deed is an old form used by the tax collector to seize land of tax delinquents for non-payment of property taxes.A deed is the instrument used to transfer an interest in real property. There are different types of deeds such as treasurer's deeds, trustee's deeds, quitclaim deeds, warranty deeds and foreclosure deeds. A deed of conveyance is any deed that conveys an interest in real property. Therefore all those types of deeds mentioned are deeds of conveyance.
How can property deeds be altered to add restrictions for enforcement by the home owners association?
Once they have been recorded in the land records property deeds cannot be altered.
When is legal form important?
Proper legal form is important any time you are involved with a document that can/must be enforceable in a court of law. That would include such legal instruments as wills, trusts, agreements, contracts, deeds, leases, easements, etc. If an instrument is not properly executed it is not enforceable.
What does this phrase mean in property law covenant and bind and forever warrant title to?
That language would be used in a deed with warranty covenants. Generally, the language means the grantor is the rightful owner of the property and that the property is free and clear of any encumbrances except those mentioned in the deed.If a conflict or defect is later discovered the grantee can go back to that grantor for compensation. A warranty deed guarantees the following but state laws vary regarding deeds and warranties in deeds so you should check the laws in your particular state:the grantor is the owner and has the right to transfer the propertythere are no outstanding claims from creditors or lendersno other party has any claim to the property
How do you get a copy of your property deed in Texas?
All property deeds in Texas are registered with the county clerk's office in the county where the property is located. Some counties provide online access to property deeds and other recorded documents. You can also request a copy of your property deed from the county clerk in person or by mail.
How do you find out what year my house was biult?
Check the property description. You may have to trace the deeds back to find the initial construction. Your local property office (registrar of deeds?) will have the information needed to figure it out.
How do you find property line when there is a shared abutment?
The first thing you should do is to review both property deeds to determine if the property descriptions answer your query.
Who sign deeds?
The owner of the property executes (signs) a deed when they want to transfer their ownership in the property to a new owner.
Is there a limit to the number of deeds of trust that can exist for a given property?
That is not the terminology used to describe property ownership. However, the "limit of deeds" would be reached when there is 100% ownership. For example ten people could each be granted a 10% share in the same deed or in 10 different deeds. Once the owner of property has conveyed out 100% of their interest in the property then any further deeds by that former owner would be null and void. The first grantee(s) to acquire 100% interest are the new owners.
