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Restrctive covenant - Wikpedia, the free encyclopedia Page lof3

Restrictive covenantFrom Wikpedia, the free encyclopediaA real covenant is a legal obligation imposed in a deed by the seller upon the buyer of realestate to do or not to do somethng. Such restrictions frequently "ru with the land" and areenforceable on subsequent buyers of the propert. In jursdictions that use the Torrens system ofland registration, restrictive covenants are generally registered against title.

I Contents iiii. 1 Scope of covenants I. 2 Commercial covenants I. 3 Residential covenants I. 3.1 Controversy I

. 3.2 Housing segregation!i. 4 See also I

. 5 ReferencesL________._____.__.___.________________.____~_________,._~.__._..._..__:

Scope of covenantsRestrctive covenants may arse from many sources, and may be registered against titles orincluded in leases. Some covenants exist for safety puroses, such as a covenant forbidding theconstrction of tall buildings in the vicinity of an airport or one restrcting the height of fenceson comer lots (so as not to interfere with drvers' sight lines). Covenants may restrct everygfrom the height and size of buildings to the materials used in constrction to superficial matterssuch as paint colour and holiday decorations.Commercial covenantsRestrctive covenants ar commonly registered against commercial properties. Generacovenants such as those restrcting the heights of structures or forbidding certain "dirt"businesses (such as feedlots or chemical production facilities) are common in industral areaslocated near residential communties. Developers may seek to restrct the tye of businessallowed to operate in a cert area so that a purchaser of land in a research park, for example,could not tu the building into a bingo parlour or a tool and die factory. A commercial leasemay include a restrctive covenant forbidding the sale of certain items, such as pornography orliquor. A powerfl mall tenant (such as a major supermarket chain or other Anchor store) mayrequire its landlord to include in its leases to other tenants a restrctive covenant forbidding thesale of certain items (such as fresh meat and produce). The latter situation is more commonoutside the United States, and is especially seen in Canada.

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Residential covenantsResidential covenants are relatively common in the United States. Some residential covenantsmay be considered generally benign, such as those preventing owners or tenants from removinghealthy trees, fudamentally alterig historically importt strctues, or directly haringpropert values. Others, however, are more detailed. Some restrctive covenants may governwhat colour a home's exterior is painted, what and how many exterior decorations are allowed,where cars are allowed to be parked, or even who lives in the house (outside of the owner'snuclear family).

Many communities also attempt to forbid amateur radio or outdoor television antennas. Variousstates in the United States have enacted or are enacting laws forbidding such restrctivecovenants and rendering void existing covenants, as amateur radio operators are often seen asessential emergency services. (1)ControversySome have accused homeowners associations of selective enforcement of these rules, makg acase only when it is somethig (or someone) another person dislikes. Breaking a rule, evenuntentionally, can brig fines or even a lien on the home. In exteme cases, homeowners'associations may file a lawsuit against a resident who violates the association bylaws or evenforeclose their propert.Attempts have been made to have federal agencies preempt certain restrctive covenants. Forexample, the American Radio Relay League attempted unsuccessfully to have the FCC pre-empt restrictive covenants related to amateur radio towers. The FCC found that restrctivecovenants are private contractual agreements, not state or local regulation, and not subject to theFCC pre-emption policy. (2)A restrctive covenant differs in the United States from a zonig regulation in that its creationand enforcement is a matter of contract between the landowners whose properties are affectedby it, rather than an exercise of the governental police power. In Canada, governentalauthorities may apply both restrictive covenants and zoning regulations to properties. Forinstace, the city of Calgar's requirement that buildings in the genera vicinty of CalgarInternational Airort be under a certin height is registered against virally every title in thenorteast quadrant of the city as a restrctive covenant, not as a zonig by-law.Housing segregationIn many cases before the 1960s, these covenants were used for segregationist puroses. (3) In thecase of Shelley v. Kraemer, the United States Supreme Cour ruled that it would beunconstitutional for the cours to enforce racially restrctive covenants, and such covenants no

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