Private restrictions on ownership come into play when someone who contains the simple ownership rights of a piece of real estate is limited by certain restrictions placed on the property by another private entity. These restrictions effect the owners of the real estate through the limitation of certain acts.
Examples of Private Restrictions:
- Liens
- Easements
- Zoning
Below are two links to articles that discuss Private Restrictions.
1) Private Land Use Restrictions
In this article, I found it very interesting in the portion where it discussed how far back land-use controls have gone. Suburbanization after WWII played a crucial role in the development and fine tuning of land restrictions. People began to have access to more land and wanted to do more with that land and in return caused need for these private restrictions.
2) Private Restrictions on Property
This article points out that as long as a developer's limitations abide by the local, state, and national law, then they can legally enforce them. Also, after reading this article, it is evident in how important it is to research the property's potential limitations before buying. Often times, developer's have a pre-determined set of limitations that the buyer must agree to if they want to purchase the land.
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