Deed restrictions

Special building permit requirements (sometimes referred to as deed restrictions). 

Even as the primary purpose of deed restrictions is to enforce residential, rather than commercial or industrial use of a subdivision (including the restriction of businesses in residential homes), they have had a complex and politically... 

Countersuits sometimes occur, as where a Florida couple sued their home-owners association for harassment over deed restriction violations including spotty grass. The householders sodded their yard at the association s urging, nonetheless, prior to settlement of the suit. Courts too, have vindicated home-owners occasionally, as where a Massachusetts man who had not mowed his lawn in fourteen years, when faced with state sanitary code violations, was found not... 

Rule No. 7 Reware of deed restrictions Most deed restrictions, including those that enforce the maintenance of turf landscaping in specific ways, have an average life span of twenty-five to thirty years. Some are in effect in perpetuity. In many cases, such restrictions have a sunset clause, and after the initial term of twenty-five to thirty years expires, are renewed only by written approval of a specified percent of property owners in a subdivision. Many more restrictions, however, will be automatically renewed unless the owners take action to prevent reactivation. This suggests that vigilance is essential for homeowners interested in alternative landscaping, both at the time of purchase and beyond. 

Working with its consultants, the town realized that the most appropriate solution to the arsenic contamination, which pervades the site to significant depths, as well as to other contaminants at the site would be an engineering solution, such as an earthen cap, on the entire site. In addition to an engineering solution, institutional controls would provide another level of protection. When the State of Connecticut deeded the property to the Town of Greenwich, it required that the site be used for open space purposes. This institutional control can be made permanent to ensure that residential or commercial construction will not disrupt any cap or other barrier used to protect human health from exposure to contaminated soils on the site. The town decided that the cap and deed restrictions were the best solution for this site. 

Sect. IV. It shall not be lawful for any person to emancipate a slave but by deed executed, proved and recorded as is required by law in the case of a conveyance of goods and chattels, on consideration not deemed valuable in law, or by last will and testament, and with the free consent of such slave, expressed in presence of the court of the county wherein he resides. And if such slave, so emancipated, shall not within one year thereafter, depart the commonwealth, he shall be out of the protection of the laws. All conditions, restrictions and limitations annexed to any act of emancipation shall be void from the time such emancipation is to take place. 

On May 20,1985, the Atlanta City Council passed another ordinance which authorized a second transfer of four parks for the parkway. Unlike the first ordinance, however, this one imposed a number of restrictions on the transfer, such as, a 35 mph speed limit on the parkway, a ban on trucks and heavy vehicles, and a ban against widening Ponce de Leon Avenue east of Moreland Avenue. GDOT accepted the deed after objecting to the conditions and its reverter clause. The GDOT then filed a petition in DeKalb Superior Court asking it to condemn the reverter and any other interest the city might have retained. 

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