Private Restrictions on Real Estate

Private Restrictions on Real Estate are the limitations on property owners of what they can and cannot do with their property.

This can inlcude covenants,conditions, and restrictions (CC&Rs) which limit the way a property owner can use a property. These restrictions are usually listed in the form of a deed or a plat associated with the property and are put upon the property by the original property owner. The goal of these CC&Rs is to protect the land of certain property to hopefully increase the value of the property and the surrounding properties.

Another example of a private restriction on real estate is liens. A lien is a claim on a property as either a secuirty for a debt or fulfillment of some menetary charge or obligation. Normally a lien is in the form of a mortgage, but it can also take the form of a mechanic's lien (construction lien) or a judgement lien (won in a lawsuit).

Easements are the rights given to one party by a landowner to use the land in a specified manner. The landowner shares the land with the holder of the easement. Easements normally come in two types. An easement appurtenant is an easement is legally connected to an adjoining property. This type of easement typically has a dominant estate, or a benefitted party. An example would be your sewar pipe that runs along your neighbors property. An easement with gross would be an agreement with a utility company, the basic idea that there is no dominate estate.

Adverse Possession or "land squatting" occurs when a non-owner of a property claims a property and maintains it for an extended period of time until the land becomes his. The squatter must maintain continuous presence, improve the land, and make sure that there are not any trespassors.

Homeowner's Associations are give jursidiction from CC&Rs. Although normally HOA's are relatively acceptable and practical, in some cases the rules are take to extreme measures.  The article  "Top 7 Insane Homeowner Assocaition Rules" describes some very interesting, and sad, uses of CC&Rs on different homeowners. One example is of a handicapped woman who was fined 25$ because she could not pick up her dog in the public areas. The fines became so cumbersome to the woman that she eventually had to move out of the neighborhood. Although I do see the need for a HOA, it is obvious that these patrons are not acting in the spirit of CC&Rs.