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77-510: In a deed recorded in 1867, John D. and Mary West sold the United States a 47.3-acre (19.1 ha) tract of land. The Light-House board determined that the offshore reef and islands at Cape Blanco were dangerous to maritime commerce; therefore, a lighthouse was authorized for construction. Over the next three years, the lighthouse was constructed under the direction of Lt. Col. Robert Stockton Williamson. Supplies were ordered and shipped to

154-508: A plebiscite of nearby property owners. Although control of such planning issues is often governed by local planning schemes or other regulatory frameworks rather than through the use of covenants, there are still many covenants imposed, particularly in states that limit the level of control over real property use that may be exercised by local governments. Covenants have been used to exclude certain classes based on race, religion or ethnicity. These groups are generally marginalized groups. In

231-402: A simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity . Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants , which, being also under seal, are unilateral promises. At common law , to be valid and enforceable, a deed must meet several requirements: Under

308-419: A 'property register'. Title deeds are documents showing ownership, as well as rights, obligations, or mortgages on the property. Since around 2000, compulsory registration has been required for all properties mortgaged or transferred. The details of rights, obligations, and covenants referred to in deeds will be transferred to the register, a contract describing the property ownership. The main difference between

385-402: A CCR may prohibit any type of modular, prefabricated, or mobile home or may require the structure to be a minimum size), appearance (e.g., no junk cars), or other uses (e.g., no operation of home-based business, no pets except traditional household animals). The purpose of this is to maintain a neighborhood character or prevent improper use of the land. Many covenants of this nature were imposed in

462-696: A buyer of real property from allowing use or occupancy by members of a given race, ethnicity, or religion as specified in the title deed . Such covenants were employed by many real estate developers to "protect" entire subdivisions , with the primary intent to keep " white " neighborhoods "white". Ninety percent of the housing projects built in the years following World War II were racially restricted by such covenants. Cities known for their widespread use of racial covenants include Chicago , Baltimore , Detroit , Milwaukee , Los Angeles , Seattle , and St. Louis . Said premises shall not be rented, leased, or conveyed to, or occupied by, any person other than of

539-439: A complicated system of covenants , known generically as "deed restrictions", built into the deeds of all the lots in a common interest development, particularly in the tens of millions of American homes governed by a homeowner association (HOA) or condominium association . There are some office or industrial parks subject to CCRs as well. These CCRs might, for example, dictate the types of structures that can be built (e.g.,

616-647: A covenant forbidding the construction of tall buildings in the vicinity of an airport or one restricting the height of fences/shrubs at street corners (so as not to interfere with drivers' sight lines). Covenants may restrict everything from the height and size of buildings to the materials used in construction to superficial matters such as paint color and holiday decorations. In residential areas, covenants may forbid "dirty" businesses (such as feedlots or chemical production facilities) or business use entirely, or modifications such as amateur radio antenna. Amateur radio restrictions have been particularly controversial; in 1985

693-667: A covenant that restricts sale to a minority person (commonly used during the Jim Crow era ) is unenforceable , as enforcement would require the court to act in a racially discriminatory manner, contrary to the Equal Protection Clause of the Fourteenth Amendment . In contemporary practice in the United States, a covenant typically refers to restrictions set on contracts like deeds of sale. "Covenants, conditions, and restrictions," commonly abbreviated "CC&Rs" or "CCRs", are

770-474: A deed "executed by a stranger to the record title hung out in the air like Mahomet's coffin". Mahomet is an archaic spelling of Muhammad . There is a legend that the Prophet Muhammad's coffin was suspended without visible support from the ceiling of his tomb, just as a wild deed just hangs there, not touching the chain of title. Blockchain technology has emerged with the potential to innovate and support

847-425: A deed and an agreement is that the deed is generally signed by only one person / party. Examples of a deed are deeds of hyphenation for creating charge on movable properties in favor of the banks/financial institutions etc. An agreement by its name suggests that there should be at least two parties signing/approving the same. Examples of an agreement are agreement to sale, loan agreement etc. At common law, ownership

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924-409: A deed are known as covenants . A deed indented or indenture is one executed in two or more parts according to the number of parties, which were formerly separated by cutting in a curved or indented line known as the chirograph. A deed poll is one executed in one part, by one party, having the edge polled or cut even, and includes simple grants and appointments. In the transfer of real estate,

1001-441: A deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties . The precise name and nature of these warranties differ by jurisdiction. Often, however, the basic differences between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited to only claims which occurred after

1078-681: A deed would in real estate transactions" While instances like the house sales in South Carolina and Florida have demonstrated the practical application of NFTs functioning like land deeds in real estate, the legal framework surrounding such transactions remains in a state of development. As of now, the use of blockchain and NFTs to serve a deed-like purpose, as in real estate, operates in a legal gray area, with no direct legal statutes explicitly supporting or regulating this method of property transfer. This emerging field continues to evolve, with legal experts, industry stakeholders, and legislators examining

1155-400: A greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances , commissions , licenses , patents , diplomas , and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter , and delivery is thought to symbolically replace

1232-430: A property is held in concurrent estate such as "joint tenants with right of survivor-ship" (JTWROS) or "tenants by the entirety". In each case, the title to the property immediately and automatically vests in the named survivor(s) upon the death of the other tenant(s). In most states joint tenancy with the right of survivor-ship requires all owners to have equal interests in the property, meaning upon sale or partition of

1309-407: A restrictive covenant will run in equity if these prerequisites are met: The leading case on restrictive covenants in equity is generally regarded as that of Tulk v Moxhay , in which it was determined that the burden could run in equity subject to the qualifications listed above. The risk of an undisclosed restrictive covenant coming to the notice of a buyer or developer after they have acquired

1386-405: A site has been seen as especially high in regard to infill residential development . Restrictive covenant indemnity insurance is often available to mitigate this risk. The covenant will typically be written in the deed, and must be in writing due to the statute of frauds . Although scholars have argued that some of the following should be significantly relaxed, in order for the burden to run with

1463-417: A specified action. Under historical English common law , a covenant was distinguished from an ordinary contract by the presence of a seal . Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration . In United States contract law, an implied covenant of good faith is presumed. A covenant

1540-512: A symposium discussed whether the law of easements, equitable servitudes, and real covenants should be unified. As time passes and the original promisee of the covenant is no longer involved in the land, enforcement may become lax. Covenants may be imposed through homeowner associations , and controversy has arisen over selective enforcement. Historically, particularly in the United States, exclusionary covenants were used to exclude racial minorities. Some covenants exist for safety purposes, such as

1617-436: Is a legal document that is signed and delivered, especially concerning the ownership of property or legal rights. Specifically, in common law , a deed is any legal instrument in writing which passes, affirms or confirms an interest , right , or property and that is signed, attested, delivered, and in some jurisdictions , sealed . It is commonly associated with transferring ( conveyancing ) title to property . The deed has

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1694-548: Is an agreement like a contract . A covenantor makes a promise to a covenantee to perform an action (affirmative covenant in the United States or positive covenant in England and Wales ) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent , imposes duties or restrictions upon

1771-407: Is called a wild deed. The general rule is that a subsequent purchaser is not held to have constructive notice of a wild deed. In the example, Cooper's title is unprotected against subsequent good faith purchasers. Suppose Atwood were to fraudulently sell the same property to another person, Dunn. A court would rule that Dunn has good title to the property, not Cooper. A wild deed has been described as

1848-475: Is much easier and cheaper to administer, lowering transaction costs. Some Australian properties are still conveyed using a chain of title deeds – usually properties that have been owned by the same family since the nineteenth century – and these are often referred to as 'Old System' deeds. A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed . A wild deed does not provide constructive notice to later purchasers of

1925-570: Is not always easy to remove them from the chain of title. Since 2010, the Seattle Civil Rights & Labor History Project has located more than 500 restrictive covenants and deeds covering more than 20,000 properties in Seattle and its suburbs. In response, the Washington State legislature passed a law that since January 1, 2019 allows property owners to "modify" property records, disavowing

2002-463: Is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the upkeep of the surrounding area. An agreement not to open a competing business on adjacent property is generally enforceable as a covenant running with the land. However, under the federal Supreme Court 's holding in Shelley v. Kraemer , 334 U.S. 1 (1948),

2079-423: Is the right to use, possess and enjoy the property for a period of time measured by the natural life of a person or persons. When all life tenants are dead, the remainder-man holds full title. When deeds are taken as joint tenants with rights of survivor-ship (JTWROS) or joint tenants in common (TIC), any co-owner can file a petition for partition to dissolve the tenancy relationship. JTWROS deed holders always take

2156-501: Is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds. Sanad , also spelt as sunnud , was a deed granted to the rulers of native princely states in British India confirming them in their ruling position in return for their allegiance to

2233-614: The British Raj . Since the extinction of the royal bloodline would be a ground for annexation of a principality by the British, some rulers were also granted sanads of adoption. Devised as a reward for loyalty to British rule in India, especially after the Indian rebellion of 1857 , such deeds gave a ruler the right to adopt chosen heirs from local noble families in case of lack of direct issue. Among

2310-567: The Due Process Clause of the Fourteenth Amendment . This cleared the way for racial restrictive covenants to proliferate across the US during the 1920s and 1930s. Even the invalidation of such a covenant by the US Supreme Court in the 1940 case of Hansberry v. Lee did little to reverse the trend, because the ruling was based on a technicality and failed to set a legal precedent . It

2387-481: The U.S. Federal Communications Commission issued PRB-1 preempting state and local restrictions, but not private restrictions; in 2012 after Congress passed a law requiring study of this issue (at the urging of amateur radio group ARRL ), the FCC declined to extend this preemption. Some US states have enacted legislation requiring homeowners' associations to provide reasonable accommodations for amateur radio antennas under

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2464-459: The law of England and Wales , a deed may be delivered or otherwise handled in one of three ways: Deeds delivered unconditionally are irrevocable. Section 46(2) of the UK's Companies Act 2006 states that a document executed as a deed by a company is presumed to be delivered upon execution, but this presumption can be rebutted if a contrary intention is proved. Conditions attached to the acceptance of

2541-431: The recorder of deeds , who acts as a cadastre, to be registered. An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third parties, at least as to intervening acts. Ownership transfer may also be crafted within deeds to pass by demise, as where

2618-652: The 1917 US Supreme Court ruling of Buchanan v. Warley invalidated on constitutional grounds. During the 1920s, the National Association for the Advancement of Colored People (NAACP) sponsored several unsuccessful legal challenges against racial covenants. In a blow to campaigners against racial segregation , the legality of racially restrictive covenants was affirmed by the landmark Corrigan v. Buckley 271 U.S. 323 (1926) judgment ruling that such clauses constituted "private action" not subject to

2695-1007: The Ethiopian, Malay or any Asiatic Race", thus banning Jews and anyone of African, Filipino, or Asian ancestry. The exclusionary language varied widely. Some neighborhoods were reserved for the "White or Caucasian race". Others enumerated banned populations. One subdivision near Seattle specified that "This property shall not be resold, leased, rented or occupied except to or by persons of the Aryan race." The Lake Shore Club District in Pennsylvania sought to exclude various minorities, including " Negroes ", " Mongolians ", Hungarians , Mexicans , Greeks , and various other European ethnicities. Some covenants, such as those tied to properties in Forest Hills Gardens , New York , also sought to exclude working class people; however, this type of social segregation

2772-898: The Fair Housing Act (Title VIII of the Civil Rights Act of 1968 ) which outlawed housing discrimination based on race, color, religion, sex, or national origin. In 1988, it was expanded to prohibit discrimination based on familial status (e.g. the presence of children) or disability. It wasn't until 1972 that the Mayers v Ridley decision ruled that the covenants themselves violated the Fair Housing Act and that county clerks should be prohibited from accepting deeds with such clauses. Although exclusionary covenants are not enforceable today, they still exist in many original property deeds as "underlying documents", and title insurance policies often contain exclusions preventing coverage of such restrictions. It

2849-460: The US, the Restatement (Third) of Property takes steps to merge the concepts as servitudes. Real covenant law in the US has been referred to as an "unspeakable quagmire" by one court. In property law , land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how

2926-408: The United States in the 1920s through the 1940s, before zoning became widespread. However, many modern developments are also restricted by covenants on property titles; this is often justified as a means of preserving the values of the houses in the area. Covenant restrictions can be removed through court action, although this process is lengthy and often very expensive. In some cases it even involves

3003-566: The United States, in the early 20th century zoning laws were used to prevent integrating neighborhoods but were struck down in Buchanan v. Warley . Thus, deed restrictions and restrictive covenants became an important instrument for enforcing racial segregation in most towns and cities, becoming widespread in the 1920s and proliferating until they were declared unenforceable in 1948 in the Supreme Court case Shelley v. Kraemer . They prohibited

3080-443: The ancient ceremony of livery of seisin . The traditional phrase signed, sealed and delivered refers to the practice of using seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty ; in the United States, a specialty is enforceable without consideration . In some jurisdictions, specialties have a liability limitation period of double that of

3157-481: The benefit, through a building scheme arrangement, usually for a new development of multiple properties, or through the application of section 78 of the Law of Property Act 1925 , which only applies for covenants made since 1 January 1926. A positive burden can run in law, but not in equity, as it is deemed to be analogous to a contract, to which equitable principles do not apply ( Rhone v Stephens (1994)). The burden of

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3234-448: The benefit/burden test - that is, whoever takes the benefit must also shoulder the burden. In Halsall v Brizell [1957] Ch 169, a covenant requiring the upkeep of roads was found to bind the successor in title to the original covenantor because he had elected to take the benefit. The rule in Halsall v Brizell is limited to cases where the benefit can be linked to a specific burden and where

3311-491: The cape. Bricks were deemed cheaper if made onsite, so a brickmaker was located and a deal was struck with Rancher Patrick Hughes for access to the required materials. Many keepers followed Burnap, the most notable were James Langlois and James Hughes who served as keepers for 42 and 38 years respectively. James Langlois raised a large family. James Hughes, son of neighboring rancher Patrick Hughes, raised two girls. For many years, Keeper Langlois requested additional housing for

3388-480: The covenant to pay rent is one of the more fundamental covenants. The forfeiture of a private home involves interference with social and economic human rights . In the case of leases commuted to a large sum payable at the outset (a premium ), that has prompted lobbying for and government measures of leasehold reform particularly in the law of ground rents and service charges . Restrictive covenants are somewhat similar to easements and equitable servitude . In

3465-561: The covenantor's successors in title can physically elect to take the benefit. For example, a restrictive covenant to contribute to the maintenance costs of a common area will not be binding if the covenantor's successors in title have no legal right to use them. Rules for ascertaining whether the benefit of a covenant has been passed to another person who wishes to enforce the covenant were summarised in Small (Hugh) v Oliver & Saunders (Developments) Ltd . in 2006, namely by an express assignment of

3542-556: The covenants played a role as "gentlemen agreements", it wasn't until 1962, that the Equal Opportunity in Housing executive order was signed by President John F. Kennedy , prohibiting using federal funds to support racial discrimination in housing. This caused the FHA to "cease financing subdivision developments whose builders openly refused to sell to black buyers." In 1968, Congress passed

3619-530: The full scope of legal authority and personal verification typically associated with notarial services. Nevertheless, proposals exist to further develop blockchain infrastructure, potentially expanding its use as a notarial mechanism in certain applications. The New York State Bar Association has stated that blockchain technology can be employed "to hold and secure records to land deeds" John Morton, attorney at Pillsbury Winthrop Shaw Pittman told Fortune Magazine that NFTs "operate "in many respects exactly like

3696-470: The function of deeds in specific contexts. By design, blockchains contain an immutable ledger of transactions, recording transfers of information among users. Within this system, a particular type of transferable object, known as a non-fungible token (NFT) , can be created. These NFTs are unique, verifiable, and protected against arbitrary tampering, thanks to the immutable nature of the blockchain. By incorporating metadata (additional information embedded in

3773-410: The grantor is lawfully seized (in fee simple) of the property, (2) that the grantor has the right to convey the property to the grantee, (3) that the property is conveyed without encumbrances (this covenant is frequently modified to allow for certain encumbrances), (4) that the grantor has done no act to encumber the property, (5) that the grantee shall have quiet possession of the property, and (6) that

3850-401: The grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed . While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions. A third type of deed, known as a bargain and sale deed , implies that the grantor has

3927-412: The implications and potential need for regulatory measures. The future of NFTs as a deed or similar vehicle of property rights, therefore, represents a dynamic intersection of technology, law, and property rights, warranting close observation and study as it progresses. Covenant (law) A covenant , in its most general sense and historical sense , is a solemn promise to engage in or refrain from

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4004-452: The improvements actually added substantial value to the property. In the United States, a pardon of the President was once considered to be a deed and thus needed to be accepted by the recipient. This made it impossible to grant a pardon posthumously. However, in the case of Henry Ossian Flipper , this view was altered when President Bill Clinton pardoned him in 1999. Germany operates

4081-413: The land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant). These may also "run with the land" (called a covenant appurtenant ), meaning that any future owners of the land must abide by the terms, or may apply to a particular person (called a covenant in gross or of a purely personal nature ). Under English law, affirmative covenants typically do not run with

4158-430: The land the following must apply: US courts interpret covenants relatively strictly and give the words of the agreement their ordinary meaning. Generally if there is any unclear or ambiguous language regarding the existence of a covenant courts will favor free alienation of the property. Courts will not read any restrictions on the land by implication (as is done with easements for example). A covenant can be terminated if

4235-403: The land to Cooper, and Cooper records her deed. But because the previous deed (the deed from Atwood to Burns) was not recorded, Cooper's deed is outside the chain of title. In a title search, someone looking up Atwood's name in the grantor index would find no indication that Atwood conveyed the property, and nothing would lead the searcher to Cooper's deed." A deed that is outside the chain of title

4312-478: The land; in the United States such covenants are examined more closely, but with exceptions affirmative covenants have been permitted to run with the land. The covenant may be shown in the deed and should be disclosed to prospective purchasers; it may also be recorded , or in the case of Commonwealth countries shown in Torrens title . Real covenants and easements or equitable servitudes are similar and in 1986,

4389-461: The lighthouse about the same time they finished additional lighthouse quarters. James continued to work at the lighthouse, commuting to assume his duties. Life was difficult on the cape, which experiences constant high winds during the spring and summer and severe storms in winter. The weather kept the keepers busy with continual repairs and painting. Despite the hardship, both Langlois and Hughes stayed there until retirement. Deed A deed

4466-403: The northeast quadrant of the city as a restrictive covenant, not as a zoning by-law. At common law, the benefit of a restrictive covenant runs with the land if three conditions are met: At common law, the burden of a restrictive covenant does not run except where strict privity of estate (a landlord/tenant relationship) exists. The burden can be enforced at law in limited circumstances under

4543-431: The object), NFTs can be tailored to reference and represent a wide range of assets in both digital and physical worlds. The blockchain’s immutability, proof of transfer and data transparency (information on the blockchain is generally publicly available to view) provide functions akin to those of a notary, such as ensuring the integrity and permanence of records. However, it is important to recognize that it does not replicate

4620-590: The offensive restriction. Mapping Inequality, a collaboration of three teams at four universities, has identified restrictive covenants in various parts of the United States. The Mapping Prejudice project at the University of Minnesota has collected restrictive covenants in the Minneapolis area. Although most commonly associated with the United States, racially or ethnically restrictive covenants have been used in other countries: Title covenants serve as guarantees to

4697-406: The original purpose of the covenant is lost. In some cases property owners can petition a court to remove or modify the covenants, and homeowner associations may include procedures for removing the covenants. The covenant may be negative or affirmative. A negative covenant is one in which property owners are unable to perform a specific activity, such as block a scenic view. An affirmative covenant

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4774-414: The person signing it to property. In some jurisdictions, a deed of trust is used as an alternative to a mortgage . A deed of trust is not used to transfer property directly. It is commonly used in some states — California, for example — to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow ") for a loan. When the loan is paid off, title

4851-424: The popularity of exclusionary covenants at this time as a response to the urbanization of black Americans following World War I , and the fear of "black invasion" into white neighborhoods, which residents felt would result in depressed property prices, increased nuisance (crime), and social instability. Many African Americans openly defied these covenants and attempted to "pioneer" restricted areas. But even still

4928-408: The property in equal shares; therefore, if the partnership is dissolved through partition, the proceeds must be equally distributed between all of the co-owners without regard to how much each co-owner contributed to the purchase price of the property. No credits would be allowed for any excess contributions to the purchase price. For example, if A and B co-own property as JTWROS and A contributed 80% of

5005-403: The property, all owners would receive an equal distribution of the proceeds. Joint ownership may also be by tenants in common (TIC). In some states, joint ownership is presumed to be as tenants in common unless the parties are married and the deed so states or the deed sets for joint tenants with right of survivor-ship. Upon death, the decedent's share passes to his or her estate. A life estate

5082-416: The property, because subsequent bona fide purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to the property. Haupt has stated that Because title searching relies on the grantor/grantee indexes, it's possible that a deed won't be discovered even though it was recorded. "Example: Atwood sells his land to Burns, but Burns does not record his deed. Burns later sells

5159-487: The purchase price, A and B would still receive equal distributions upon partition. On the other hand, TIC deed holders may be granted at partition a credit for unequal contributions to purchase price. During either partition, credits may be awarded to any co-owner who may have contributed in excess of his share to the property expenses after taking deed to the property. Credits may be allowed for utilities and maintenance; however, credits for improvements may not be allowed unless

5236-417: The rationale that amateur radio provides public service communications in the event of an emergency, major disaster, or special event. In Canada, governmental authorities may use restrictive covenants as well as zoning. For instance, the city of Calgary's requirement that buildings in the general vicinity of Calgary International Airport be under a certain height is registered against virtually every title in

5313-538: The recipient of property, ensuring that the recipient receives what he or she bargained for. Since 1989, the main covenants implied in England and Wales on "limited" or "full title guarantee" (unless expressly overridden) are: Others as to charges, incumbrances, and third-party rights vary depending on whether full or limited title guarantee is agreed. Outside of England and Wales, the English covenants of title , sometimes included in deeds to real property, are (1) that

5390-435: The right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale , or an executor . A so-called quitclaim deed is (in most jurisdictions) actually not a deed at all—it is actually an estoppel disclaiming rights of

5467-520: The rulers that were given sanads of adoption, Takht Singh , Jaswant Singh of Bharatpur , as well as the rulers of Nagod State , Samthar State and the Chaube Jagirs are worth mentioning. The main clauses of a deed of conveyance are: Usually the transfer of ownership of real estate is registered at a cadastre in the United Kingdom. In most parts of the United States, deeds must be submitted to

5544-505: The station. With his large family, the Hughes family, and the other families that came and went, the duplex was just too crowded. His requests went unanswered until 1909 when Head Keepers' quarters were constructed. James Hughes found his own solution before the government responded. James owned land across the Sixes River from his father and quickly constructed a home for his family, moving from

5621-501: The use of that land regardless of the owner. A covenant for title that comes with a deed or title to the property assures the purchaser that the grantor has the ownership rights that the deed purports to convey. Non-compete clauses in relation to contract law are also called restrictive covenants. Landlords may seek and courts may grant forfeiture of leases such as in leasehold estates for breach of covenant, which in most jurisdictions must be relatively severe breaches; however,

5698-489: The white or Caucasian race. Often the restrictions applied only to African Americans wishing to buy property or rent a house or apartment, but other populations might also be banned, such as Asians , Jews , Indians , and some Latinos . For example, a restrictive covenant covering a large neighborhood in Seattle declared that "no part of said property hereby conveyed shall ever be used or occupied by any Hebrew or by any person of

5775-491: Was more commonly achieved through the use of high property prices, minimum cost requirements, and application reference checks. Racial covenants emerged during the mid-19th century and started to gain prominence from the 1890s onwards. It was not until the 1920s that they gained widespread national significance, and continued to spread through the 1940s. Racial covenants were an alternative to racially restrictive zoning ordinances ( residential segregation based on race), which

5852-537: Was not until 1948 that the Shelley v. Kraemer judgment overturned the Corrigan v. Buckley decision, stating that exclusionary covenants were unconstitutional under the Fourteenth Amendment and were therefore legally unenforceable. On December 2, 1949 US solicitor general Philip Perlman announced that the "FHA could no longer insure mortgages with restrictive covenants". Some commentators have attributed

5929-566: Was proven via an unbroken chain of title deeds. The Torrens title system is an alternative way of proving ownership. First introduced in South Australia in 1858 by Sir Robert Torrens and adopted later by the other Australian states and other countries, ownership under Torrens title is proven by possession of a certificate of title and the corresponding entry in the property register. This system removes risks associated with unregistered deeds and fraudulent or otherwise incorrect transactions. It

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