Statutory Overrides Of “Restrictive Covenants” And Other Private Land Use Controls: The Accelerating Trend Towards Legislative Overwriting Of Contractual Controls Of The Use And Development Of Real Property

Miller Starr Regalia
Contact

The use of private covenants governing the use, improvement, and occupancy of real property has a long and sometimes checkered history in California, as it does throughout the nation. Beginning in the late 19th century, the proliferation of larger real estate developments and subdivisions in growing metropolitan areas was accompanied by a proliferation of deed restrictions, restrictive covenants, and reciprocal covenants or equitable servitudes of various kinds. Often quite detailed, these recorded instruments typically were imposed by the developer or subdivider, rather than negotiated with individual purchasers or governmental agencies. They served to delineate roads, easements, rights of way, and landscaped areas, parklands, and other amenities and common facilities, and also to limit and prescribe the size, construction costs, height, setback areas, design features, uses, and occupancies of individual lots and the residences to be constructed on those lots.

Please see full publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miller Starr Regalia | Attorney Advertising

Written by:

Miller Starr Regalia
Contact
more
less

Miller Starr Regalia on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide