by inpac01 | Dec 22, 2021 | Real Estate
부동산 지식 30-CONTRACT VALIDITY
AND ENFORCEABILITY-Criteria for validity
CONTRACT VALIDITY
AND ENFORCEABILITY
Criteria for validity
A contract is valid only if it meets all of the following criteria.
Contract Validity Requirements
Competent parties. The parties to a contract must have the capacity to
contract, and there must be at least two such parties. Thus, the owner of a
tenancy for life cannot deed his interest to himself in the form of a fee simple,
as this would involve only one party. Capacity to contract is determined by
three factors:
legal age
mental competency
legitimate authority
Depending on state law, a contract involving a minor as a party may be either
void or voidable. If the law allows a minor to contract, the contract will
generally be voidable and the minor can disaffirm the contract.
To be mentally competent, a party must have sufficient understanding of the
import and consequences of a contract. Competency in this context is separate
and distinct from sanity. Incompetent parties, or parties of “unsound mind,”
may not enter into enforceable contracts. The incompetency of a party may be
ruled by a court of law or by other means. In some areas, convicted felons may
be deemed incompetent, depending on the nature of the crime.
During the period of one’s incompetency, a court may appoint a guardian who
may act on the incompetent party’s behalf with court approval.
If the contracting party is representing another person or business entity, the
representative must have the legal authority to contract. If representing another
person, the party must have a bona fide power of attorney. If the contracting
party is representing a corporation, the person must have the appropriate power
and approval to act, such as would be conferred in a duly executed resolution
of the Board of Directors. If the contracting entity is a general partnership, any
partner may validly contract for the partnership. In a limited partnership, only
general partners may be parties to a contract.
Mutual consent. Mutual consent, also known as offer and acceptance and
meeting of the minds, requires that a contract involve a clear and definite offer
and an intentional, unqualified acceptance of the offer. In effect, the parties must
agree to the terms without equivocation. A court may nullify a contract where
the acceptance of terms by either party was partial, accidental, or vague.
Valuable consideration. A contract must contain a two-way exchange of
valuable consideration as compensation for performance by the other party. The
exchange of considerations must be two-way. The contract is not valid or
enforceable if just one party provides consideration.
Valuable consideration can be something of tangible value, such as money or
something a party promises to do or not do. For example, a home builder may
promise to build a house for a party as consideration for receiving money from
the home buyer. Or, a landowner may agree not to sell a property as
consideration for a developer’s option money. Also, valuable consideration can
be something intangible that a party must give up, such as a homeowner’s
occupancy of the house in exchange for rent. In effect, consideration is the price
one party must pay to obtain performance from the other party.
Valuable consideration may be contrasted with good consideration, or “love and
affection,” which does not qualify as consideration in a valid contract. Good
consideration is something of questionable value, such as a child’s love for her
mother. Good consideration disqualifies a contract because, while one’s love or
affection is certainly valuable to the other party, it is not something that is
specifically offered in exchange for something else. Good consideration can,
however, serve as a nominal consideration in transferring a real property interest
as a gift.
In some cases, what is promised as valuable consideration must also be deemed
to be sufficient consideration. Grossly insufficient consideration, such as
$50,000 for a $2 million property, may invalidate a contract on the grounds that
the agreement is a gift rather than a contract. In other cases where there is an
extreme imbalance in the considerations exchanged, a contract may be
invalidated as a violation of good faith bargaining.
Legal purpose. The content, promise, or intent of a contract must be lawful.
A contract that proposes an illegal act is void.
Voluntary, good faith act. The parties must create the contract in good faith
as a free and voluntary act. A contract is thus voidable if one party acted
under duress, coercion, fraud, or misrepresentation.
For example, if a property seller induces a buyer to purchase a house based on
assurances that the roof is new, the buyer may rescind the agreement if the roof
turns out to be twenty years old and leaky.
by inpac01 | Dec 21, 2021 | Real Estate
부동산 지식 29-Legal status of contracts
Real Estate Contract Law
Contract Validity and Enforceability
Contract Creation
Classifications of Contracts
Contract Termination
CONTRACT VALIDITY AND ENFORCEABILITY
Legal status of contracts
Criteria for validity
Validity of a conveyance contract
Enforcement limitations
Electronic contracting
A contract is an agreement between two or more parties who, in a “meeting
of the minds,” have pledged to perform or refrain from performing some act.
A valid contract is one that is legally enforceable by virtue of meeting certain
requirements of contract law. If a contract does not meet the requirements, it
is not valid and the parties to it cannot resort to a court of law to enforce its
provisions.
Note that a contract is not a legal form or a prescribed set of words in a
document, but rather the intangible agreement that was made in “the meeting
of the minds” of the parties to the contract.
Legal status
of contracts In terms of validity and enforceability, a court may construe the legal status of a
contract in one of four ways:
valid
valid but unenforceable
void
voidable
Chapter 10 Real Estate Contract Law 129
Valid. A valid contract is one which meets the legal requirements for
validity. These requirements are explained in the next section.
A valid contract that is in writing is enforceable within a statutory time period.
A valid contract that is made orally is also generally enforceable within a
statutory period, with the exceptions noted below.
Valid but unenforceable. State laws declare that some contracts are enforceable
only if they are in writing. These laws apply in particular to the transfer of
interests in real estate. Thus, while an oral contract may meet the tests for
validity, if it falls under the laws requiring a written contract, the parties will not
have legal recourse to enforce performance. An oral long-term lease and an oral
real estate sales contract are examples of contracts that may be valid but not
enforceable.
Note that such contracts, if valid, remain so even though not enforceable.
This means that if the parties fully execute and perform the contract, the
outcome may not be altered.
Void. A void contract is an agreement that does not meet the tests for validity,
and therefore is no contract at all. If a contract is void, neither party can enforce
it.
For example, a contract that does not include consideration is void. Likewise,
a contract to extort money from a business is void. Void contracts and
instruments are also described as “null and void.”
Voidable. A voidable contract is one which initially appears to be valid, but is
subject to rescission by a party to the contract who is deemed to have acted
under some kind of disability. Only the party who claims the disability may
rescind the legal effect of the contract.
For example, a party who was the victim of duress, coercion, or fraud in
creation of a contract, and can prove it, may disaffirm the contract. However,
the disaffirmation must occur within a legal time frame for the act of rescission
to be valid. Similarly, if the party who has cause to disaffirm the contract
elects instead to perform it, the contract is no longer voidable but valid.
A voidable contract differs from a void contract in that the latter does not require
an act of disaffirmation to render it unenforceable.
부동산 계약법
계약 유효성 및 집행 가능성
계약 생성
계약의 분류
계약 해지
계약 유효성 및 집행 가능성
계약의 법적 지위
유효성 기준
운송 계약의 유효성
시행 제한
전자계약
계약은 “마음의 만남”에서 어떤 행위를 수행하거나 수행하지 않기로 약속한 둘 이상의 당사자 간의 합의입니다.
유효한 계약은 계약법의 특정 요구 사항을 충족함으로써 법적으로 집행 가능한 계약입니다. 계약이 요구 사항을 충족하지 않으면 유효하지 않으며 계약 당사자는 법원에 의지하여 계약을 집행할 수 없습니다.
식량.
계약은 법적 형식이나 문서에 명시된 단어의 집합이 아니라 계약 당사자의 “마음의 만남”에서 이루어진 무형의 합의라는 점에 유의하십시오.
법적 지위
계약의 유효성과 집행 가능성의 측면에서 법원은 다음 네 가지 방법 중 하나로 계약의 법적 지위를 해석할 수 있습니다.
유효
유효하지만 시행할 수 없음
무효
무효
제10장 부동산계약법 129
유효한. 유효한 계약은 유효성에 대한 법적 요구 사항을 충족하는 계약입니다. 이러한 요구 사항은 다음 섹션에서 설명합니다.
서면으로 된 유효한 계약은 법정 기간 내에 집행할 수 있습니다.
구두로 이루어진 유효한 계약은 일반적으로 아래 명시된 예외를 제외하고 법정 기간 내에 집행할 수 있습니다.
유효하지만 시행할 수 없습니다. 주법에 따르면 일부 계약은 서면으로 작성된 경우에만 시행할 수 있습니다. 이러한 법률은 특히 부동산에 대한 지분 양도에 적용됩니다. 따라서 구두 계약이 다음에 대한 테스트를 충족할 수 있지만
유효한 경우, 서면 계약을 요구하는 법률에 해당하는 경우 당사자는 이행을 집행하기 위한 법적 소구권을 갖지 않습니다. 구두 장기 임대 및 구두 부동산 매매 계약은 유효할 수 있지만 유효하지 않은 계약의 예입니다.
시행 가능.
그러한 계약은 유효한 경우 시행할 수 없더라도 그대로 유지됩니다.
이는 당사자가 계약을 완전히 이행하고 이행하는 경우 결과가 변경되지 않을 수 있음을 의미합니다.
무효의. 무효 계약은 유효성 테스트를 충족하지 않으므로 전혀 계약이 아닌 계약입니다. 계약이 무효인 경우 어느 당사자도 이를 집행할 수 없습니다.
예를 들어, 대가가 포함되지 않은 계약은 무효입니다. 비슷하게,
사업체로부터 금품을 갈취하는 계약은 무효입니다. 무효 계약 및 상품은 “무효”라고도 합니다.
무효. 무효 계약은 처음에는 유효한 것처럼 보이지만 일종의 장애 하에 행동한 것으로 간주되는 계약 당사자에 의해 해지될 수 있는 계약입니다. 장애를 주장하는 당사자만이 계약의 법적 효력을 해제할 수 있습니다.
예를 들어, 계약을 체결할 때 강박, 강압 또는 사기의 피해자가 되었고 이를 입증할 수 있는 당사자가 계약을 거부할 수 있습니다. 하지만,
거부 행위가 유효하려면 법적 기간 내에 거부가 발생해야 합니다. 유사하게, 계약을 거부할 이유가 있는 당사자가 대신 계약을 이행하기로 선택한 경우, 계약은 더 이상 무효화되지 않지만 유효합니다.
무효 계약은 무효 계약과 다릅니다. 무효 계약은 무효 계약을 이행할 수 없도록 하기 위해 불인정 행위를 요구하지 않습니다.
by inpac01 | Dec 20, 2021 | Real Estate
부동산 지식 28-Real Estate Contract Law
Real Estate Contract Law
Contract Validity and Enforceability
Contract Creation
Classifications of Contracts
Contract Termination
CONTRACT VALIDITY AND ENFORCEABILITY
Legal status of contracts
Criteria for validity
Validity of a conveyance contract
Enforcement limitations
Electronic contracting
A contract is an agreement between two or more parties who, in a “meeting
of the minds,” have pledged to perform or refrain from performing some act.
A valid contract is one that is legally enforceable by virtue of meeting certain
requirements of contract law. If a contract does not meet the requirements, it
is not valid and the parties to it cannot resort to a court of law to enforce its
provisions.
Note that a contract is not a legal form or a prescribed set of words in a
document, but rather the intangible agreement that was made in “the meeting
of the minds” of the parties to the contract.
by inpac01 | Dec 1, 2021 | Real Estate
부동산 지식 27-Legal Descriptions
Legal Descriptions
Methods of Legal Description
Metes and Bounds
The Rectangular Survey System
Recorded Plat Method
Describing Elevation
METHODS OF LEGAL DESCRIPTION
There are many common ways of describing properties: address (100 Main
Street), name (Buckingham Palace), and general description (“the south forty
acres”). Such informal descriptions are not acceptable for use in public
recordation or, generally speaking, in a court of law because they lack both
permanence and sufficient information for a surveyor to locate the property.
Even if a legal document or public record refers to an address, the
reference is always supported by an accepted legal description.
A legal description of real property is one which accurately locates and
identifies the boundaries of the subject parcel to a degree acceptable by courts
of law in the state where the property is located.
The general criterion for a legal description is that it alone provides sufficient
data for a surveyor to locate the parcel. A legal description identifies the
property as unique and distinct from all other properties.
Legal description provides accuracy and consistency over time. Systems of
legal description, in theory, facilitate transfers of ownership and prevent
boundary disputes and problems with chain of title.
A legal description is required for:
public recording
creating a valid deed of conveyance or lease
completing mortgage documents
executing and recording other legal documents
In addition, a legal description provides a basis for court rulings on
encroachments and easements.
120 Principles of Real Estate Practice
The three accepted methods of legally describing parcels of real estate are:
metes and bounds
rectangular survey system, or government survey method
recorded plat method, or lot and block method
Since the metes and bounds method preceded the inception of the rectangular
survey system, the older East Coast states generally employ metes and bounds
descriptions. States in the Midwest and West predominantly use the rectangular
survey system. Some states combine methods.
METES AND BOUNDS
A metes and bounds description identifies the boundaries of a parcel of real estate
using reference points, distances, and angles. The description always identifies an
enclosed area by starting at an origination point, called point of beginning, or
POB, and returning to the POB at the end of the description. A metes and bounds
description must return to the POB in order to be valid.
The term “metes” refers to distance and direction, and the term “bounds”
refers to fixed reference points, or monuments and landmarks, which may
be natural and artificial. Natural landmarks include trees, rocks, rivers, and
lakes. Artificial landmarks are typically surveyor stakes.
Many states use metes and bounds description to describe properties within
the rectangular survey system.
A metes and bounds description begins with an identification of the city, county,
and state where the property is located. Next, it identifies the POB and describes
the distance and direction from the POB to the first monument, and then to
subsequent monuments that define the property’s enclosed perimeter.
THE RECTANGULAR SURVEY SYSTEM
The survey grid
Sections of township
Fractions of a section
Converting section fractions to acres
RECORDED PLAT METHOD
Subdivision plat map
Description format
by inpac01 | Nov 30, 2021 | Real Estate
부동산 지식 26-Land Use Planning And Control-4.Environmental Controls
1.Real Estate Planning
2.Public Land Use Control
3.Private Land Use Control
4.Environmental Controls
ENVIRONMENTAL CONTROLS
Areas of concern
Major legislation
Responsibilities and liabilities
In recent years, federal and state legislatures have enacted laws to conserve and
protect the environment against the hazards of growth and development,
particularly in terms of air, water, and soil quality.
Regional, county, and local planners must integrate environmental laws into
their respective land use plans and regulations. Private property owners are
responsible for complying with these laws.
Areas of concern Air. Air quality, both indoor and outdoor, has been a matter of concern since the
1960’s. With today’s construction methods creating airtight, energy-efficient
structures, attention to sources of indoor air pollution is more important than
ever. Off-gassing from synthetic materials and lack of ventilation can lead to
such consequences as Sick Building Syndrome (SBS) and Building-Related
Illness (BRI) as well as other health problems. Among the significant threats are:
asbestos, a powdery mineral once commonly used as a fireproof insulating
material around pipes, in floor tiles and linoleum, in siding and roofing, in
wallboard, joint compound, and many other applications.
When airborne, it is a health hazard. Its use today is highly restricted,
and removal can be expensive and dangerous. Inspection by a certified
asbestos inspector is the best way to determine whether a building needs
treatment.
carbon monoxide, a colorless, odorless, poisonous gas that may result from
faulty heating equipment. Home and commercial detection devices are
available.
112 Principles of Real Estate Practice
formaldehyde, a chemical used in building materials and in other items
such as fabrics and carpeting. As it ages, formaldehyde gives off a
colorless, pungent gas.
Its use in urea-formaldehyde foam insulation (UFFI) was banned 1982
(ban later reduced to a warning) but the material is still present in many
structures. Other substances known in general as volatile organic
compounds (VOCs) and used in construction materials such as adhesives
emit toxic fumes. Professional testing can identify levels and, in some
cases, sources of formaldehyde gas and other VOCs.
lead, a heavy metal once widely used in paints and plumbing materials. It
has been banned in paint since 1978 and in new plumbing since 1988.
It continues to be a health threat, particularly to children, as it occurs in
airborne paint particles, paint chips, and soil and groundwater polluted by
various external sources of emission. Inspection should be performed by
licensed lead inspectors.
mold, a fungus that grows in the presence of moisture and oxygen on
virtually any kind of organic surface.
It often destroys the material it grows on and emits toxic irritants into the
air. Tightly sealed structures with inadequate ventilation are most
susceptible. Roof leaks, improper venting of appliances, runoff from gutters
and downspouts, and flood damage are common contributors. In recent
years, mold- and mildew-related lawsuits and claims have become
substantial.
radon, a colorless, odorless, radioactive gas that occurs naturally in the soil
throughout the United States.
It enters buildings through foundation and floor cracks, wall seams, sump
pits, and windows, among other ways. At accumulations above certain
levels, it is suspected of contributing to cancer. Excessive radon can be
removed by special ventilation systems. Professional and home inspections
are available.
Soil and water. Soil, groundwater, and drinking water supplies are vulnerable to
pollution from leaking landfills; improper waste disposal; agricultural runoff;
industrial dumping in waterways; highway and rail spills; industrial emissions;
internal combustion emissions; and underground tanks leaking fuels and
chemicals, to mention but a few sources. Some of the problems subject to
controls are:
dioxins, a family of compounds produced as a byproduct of manufacturing
and incinerating materials that contain chlorine
lead and mercury
MTBE, Methyl Tertiary Butyl Ether, a gasoline additive
PCB, Polychlorinated Biphenyl, a substance formerly widely used as an
electrical insulation
Chapter 8: Land Use Planning and Control 113
Underground Storage Tanks (USTs), regulated since 1984
Wetlands, considered part of the natural water filtering system as well as
special habitats, subject to restrictions on development and use.
Other ambient and natural conditions. Other regulated and
controlled environmental conditions include:
Electromagnetic Fields (EMFs) created by powerlines
noise created by airports, air, rail and highway traffic
earthquake and flood hazards that affect hazard insurance, lending
practices, and construction requirements for buildings in designated flood
and earthquake zones.
Exhibit 8.3 Environmental Concerns
Indoors Outdoors
Air asbestos, BRI, carbon monoxide,
formaldehyde, lead-based paint,
mold, radon, SBS, VOCs
airborne lead, carbon dioxide,
mercury, sulfur, dioxins
Soil dioxins, lead, PCBs, waste,
hazardous materials
Water dioxins, lead plumbing, leadpaint, mercury, MTBE, PCBs
dioxins, lead, mercury, MTBE,
PCBs, USTs, waste, hazardous
materials
Ambience EMFs, noise
Structure flood, earthquake
BRI: Building-Related Illness SBS:
Sick Building Syndrome VOC: Volatile
Organic Compound MTBE: Methyl
Tertiary Butyl Ether
PCB: Polychlorinated Biphenyl
UST: Underground Storage Tank
EMF: Electromagnetic Field
UFFI: Urea-Formaldehyde Foam
Insulation
Major legislation National Environmental Policy Act (1969). This act created the Environmental
Protection Agency (EPA) and the Council for Environmental Quality, giving
them a mandate to establish environmental standards for land use planning. The
act also required environmental impact surveys on large development projects.
Clean Air Amendment (1970). This act authorized the EPA to establish air
quality standards for industrial land uses as well as for automobile and airplane
emissions.
Water Quality Improvement Act (1970), the Water Pollution Control
Act amendment (1972), the Clean Water Act Amendment (1977).
These acts addressed standards to control water pollution and industrial
wastes from the standpoints of future prevention as well as remediation of
existing pollution.
114 Principles of Real Estate Practice
Resource Recovery Act (1970), the Resource Conservation and
Recovery Act (1976), the Comprehensive Environmental Response,
Compensation and Liability Act (Superfund) (1980), the Superfund
Amendment and Reauthorization Act (1986). These acts addressed
disposal of solid and toxic wastes and measures for managing waste. In
addition, the Superfund act provided money for hazardous waste disposal
and the authority to charge cleanup costs to responsible parties.
Lead-based paint ban (1978) and Residential Lead-based Paint
Hazard Reduction Act (1992, 1996). These regulations banned lead in the
manufacture of paint and established disclosure requirements and
guidelines for testing and remediation.
Chapter 8: Land Use Planning and Control 115
Exhibit 8.4 Landmarks in Environmental Control Legislation
Legislation Date Regulated
Solid Waste Disposal Act (later part of RCRA) 1965 (1976,
1999, 2002)
landfills
Air Quality Act, Clean Air Act 1967 (1970) air quality standards
National Environmental Policy Act (NEPA) 1969 (1970) created EPA
Flood Control Act amended 1969 building in flood zones; flood insurance
Resource Recovery Act 1970 solid waste disposal
Water Quality Improvement Act 1970 dumping in navigable waters; wetlands
Water Pollution Control Act amendment 1972 dumping in navigable waters; wetlands
Marine Protection Research and Sanctuaries Act 1972 offshore waste dumping
Noise control legislation 1972 airport- and transportation-related noise
Coastal Zone Management Act 1972 beaches, marine habitats
Clean Water Act 1972 (1977) dumping in navigable waters; wetlands
Safe Drinking Water Act 1974 public water supply, lead
Resource Conservation and Recovery Act (RCRA) 1976 hazardous waste, solid waste
Toxic Substances Control Act 1976 industrial chemicals
Lead-based paint ban (US Consumer Product
Safety Commission rule)
1978 lead-based paint in residences
PCB ban (EPA rule) 1979 polychlorinated biphenyls
RCRA amendment 1984 underground storage tanks
Comprehensive Environmental Response,
Compensation and Liability Act
(CERCLA)
1980 hazardous waste disposal
UFFI ban 1982 formaldehyde in insulation materials
Superfund Amendment and Reauthorization Act 1986 hazardous waste cleanup costs
Asbestos ban (EPA rule) 1989 asbestos in building materials
Residential Lead-based Paint Hazard Reduction
Act (EPA and HUD rule)
1992 (1996) lead-based paint disclosure and treatment
Flood Insurance Reform Act 1994 flood insurance in flood zones
Brownfields legislation 2002 industrial site cleanup
116 Principles of Real Estate Practice
Responsibilities
& liabilities Licensees are expected to be aware of environmental issues and to know where
to look for professional help. They are not expected to have expert knowledge
of environmental law nor of physical conditions in a property. Rather, they
must treat potential environmental hazards in the same way that they treat
other material facts about a property: disclosure.
In sum, for their own protection, licensees should be careful to:
be aware of potential hazards
disclose known material facts
distribute the HUD booklet (below)
know where to seek professional help.
Lead. The Lead-based Paint Act of 1992 requires a seller or seller’s agent to
disclose known lead problems in properties built before 1978. The licensee
must give the buyer or lessee a copy of the EPA-HUD-US Consumer Product
Safety Commission booklet, “Protect Your Family from Lead in your home.”
Further, the 1996 lead-based paint regulation requires sellers or lessors of almost
all residential properties built before 1978 to disclose known lead-based paint
hazards and provide any relevant records available. The seller is not required to
test for lead but must allow the buyer a ten-day period for lead inspection. Only a
licensed lead professional is permitted to deal with testing, removal or
encapsulation. It is the real estate practitioner’s responsibility to ensure
compliance.
CERCLA/Superfund. Under CERCLA and the Superfund Amendment of 1986,
current landowners as well as previous owners of a property may be held liable for
environmental violations, even if “innocent” of a violation. Sellers often carry the
greatest exposure, and real estate licensees may be held liable for improper
disclosure.
A real property owner can be held liable for the entire cost of remediating soil,
groundwater, or indoor air contamination. A tenant can be held liable for cleanup
costs as an “operator” if tenant operations are linked to contamination
Sale of a contaminated property. Selling a property with an environmental
problem does not avoid liability for the seller, although seller and buyer may
agree to share or transfer some liability. If there is a concern, a Phase I audit or
Environmental Site Assessment (ESA) should be conducted before proceeding
with the transaction. A Phase I audit identifies
prior uses
presence of hazardous materials
The Phase I ESA reviews environmental documents; conducts a title search for
environmental liens and restrictions; and includes a visual inspection of the site
and surrounding properties. There is no sampling or testing. Fannie Mae,
Freddie Mac, and HUD require special Phase I ESAs on certain properties.
A Phase II audit (ESA) is conducted if a site is considered contaminated. This is a
more detailed investigation using chemical analysis to uncover hazardous
Chapter 8: Land Use Planning and Control 117
substances and/or petroleum hydrocarbons in samples of soil, groundwater or
building materials.
A Phase III audit (ESA) involves remediation. Intensive testing, sampling,
monitoring, and modeling are applied to design plans for remediation, cleanup,
and follow-up monitoring. Remediation may use a variety of techniques and
technologies, such as excavation and removal, dredging, chemical treatment,
pumping, and solidification. Major remediation efforts usually require extensive
consultation with the surrounding community. Federal funding may be available.
See Chapter 20 for further discussion. For more information, also check these
sources:
asbestos https://www.epa.gov/indoor-air-quality-iaq
carbon monoxide https://www.epa.gov/indoor-air-quality-iaq
formaldehyde https://www.epa.gov/indoor-air-quality-iaq
lead https://www.epa.gov/lead
https://www.hud.gov/program_offices/healthy_homes/enforcem
ent/disclosure
https://www.epa.gov/lead/real-estate-disclosure
mold https://www.epa.gov/mold/mold-and-your-home
radon https://www.epa.gov/indoor-air-quality-iaq
https://www.hud.gov/program_offices/healthy_homes/healthyhome
s/radon
CERCLA https://www.epa.gov/superfund
by inpac01 | Nov 30, 2021 | Real Estate
부동산 지식 25-Land Use Planning And Control-3.Private Land Use Control
1.Real Estate Planning
2.Public Land Use Control
3.Private Land Use Control
4.Environmental Controls
PRIVATE LAND USE CONTROL
Deed restriction
Declaration restriction
Deed condition
Property owners in the private sector can regulate land use to some extent
through deed restrictions and deed conditions.
Deed restriction A restriction expressed in a conveyance (deed or lease) of a residential,
commercial, or industrial property places limits on the use of the property. Such
restrictions are also referred to as “covenants, conditions, and restrictions,” or
CCRs. A quitclaim deed can terminate a private deed restriction.
Typical restrictions concern:
required minimum area of a residence
setback
prohibition against construction of sheds or secondary buildings
prohibition against conducting certain commercial activities
Deed restrictions may not be discriminatory by restricting ownership or use on
the basis of race, religion, marital status, or gender.
Restrictions on commercial property use may not violate fair trade and anti-trust
laws.
Declaration
restriction The declaration of a subdivision, Planned Unit Development, condominium, and
commercial or industrial park contains private use restrictions. These have the
same legal effect as a deed restriction, as the declaration attaches to the rights in
the property. A private party cannot, however, extinguish a declaration
restriction by agreement or quitclaim deed.
Chapter 8: Land Use Planning and Control 111
The kinds of restrictions found in declarations are much the same as those
found in deeds: construction restraints, aesthetics standards, etc.
The underlying purpose of restrictions is to preserve the value and quality of
the neighborhood, commercial center, or industrial park.
Injunction. A private usage restriction can be enforced by filing for a court
injunction. A court can order the violator to cease and desist, or to correct the
infraction. If, however, owners in a subdivision or park allow a violation to
continue for a sufficient length of time, they can lose their right to legal recourse.
Deed condition A deed condition may restrict certain uses of a property, much like a deed
restriction. However, violation of a deed condition gives the grantor the right to
re- take possession of the property and file suit for legal title.
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