Blog assignment #2

Blog Assignment #2

Private restrictions on real estate are basically protection from individuals for your property and the ability for you to be compensated from an individual if they break your rights.  There are many terms associated with private restrictions, Such as covenants, conditions, restrictions, easements and encroachments.  Their purpose are all slightly different and are designed to enforce the latter.

A real life example of a private restriction on real estate is an issue planned parenthood faced in Michigan.

The issue they faced was between them and a neighbor over a deed restriction.  The neighboring property brought to the cities attention about a preexisting deed restriction that had been placed on both properties, requiring the land be used only for retail, restaurant or offices.  Planned parenthood wanted to use the land for medical space and filed a lawsuit claiming slander from the neighboring property.

 

Public restrictions on real estate is the government side of restrictions and limitations.  They do this through 4 ways;Taxation,eminent domain,police power and escheat.  There is a vast amount the government can control or manipulate through these 4 ways.

In Brooklyn courts ruled a few years ago that it was constitutional for the use of eminent domain to seize 22 acres for the New Jersey Nets new stadium.  This took 3 years after countless lawsuits from landowners in the area.