REAL EST 312 : Chapter_24_-_land_use_constitution_and_plan.doc
30 Oct 2014
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Document Summary
Chapter 24: land use, the constitution and plan. Feudal system: landowner not owner, just had right to use land in exchange for duties to king. Rights change to ownership: absolute control over grant of land. Today, our ownership duties just mean not interfering with another"s property use: after price paid, no more duties owed to seller, rights emphasized more than duties, codes/restrictions confine our property rights. Private restrictions: limitations on land use from agreements betw. buyers/sellers, common law: restrictive covenants: private agreements placed in deed by seller when conveying land to buyer, restricting buyer"s future land use o. Runs with the land if it attaches to land not dependant on continued ownership. 3 conditions of running with land : original parties intended it to run with land, privity of estate between parties, covenant touches/concerns land, privity of estate: between grantor/grantee of easement. Determines whether easement tied to land or is personal agreement: can have time limitations, but usually lasts forever.
