Good faith (law)

good faithimplied covenant of good faith and fair dealingcovenant of good faith
Discussion of the covenant. Law firm publications on the covenant.

Equitable servitude

equitable servitudesservitudeservitudes
Where the terms are unmerged, holders of a covenant seek money damages; holders of equitable servitudes seek injunctions. The term used to exist in England widely before Tulk v Moxhay and as byproduct of the Judicature Acts became one of the fullest mergers of equity and common law in England and Wales so as to agree initially on the term "equitable covenant", then coming to be united in the term covenant save that "equitable" bears a particular meaning in English property rights since at least 1925: it means not fully compliant with registration/written formalities.

Title (property)

titleland titlelegal title
In United States law, typically evidence of title is established through title reports written up by title insurance companies, which show the history of title (property abstract and chain of title) as determined by the recorded public record deeds; the title report will also show applicable encumbrances such as easements, liens, or covenants. In exchange for insurance premiums, the title insurance company conducts a title search through public records and provides assurance of good title, reimbursing the insured if a dispute over the title arises. In the case of vehicle ownership, a simple vehicle title document may be issued by a governmental agency.

Seal (emblem)

sealsealssignet ring
While many instruments formerly required seals for validity (e.g. deeds or covenants) it is now unusual in most countries in the west for private citizens to use seals. In Central and Eastern Europe, however, as in East Asia, a signature alone is considered insufficient to authenticate a document of any kind in business, and all managers, as well as many book-keepers and other employees, have personal seals, normally just containing text, with their name and their position. These are applied to all letters, invoices issued, and similar documents. In Europe these are today plastic self-inking stamps. Notaries also still use seals on a daily basis.

Easement

easementswayleaveright-of-way
Alternatively, it may be incorporated by reference to a subdivision plan by "dedication", or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements while disputes regarding implied easements usually apply the principles of property law. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of the original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property.

Shelley v. Kraemer

1948 Supreme Court decisionShelley v. Kramer1948
Private parties may abide by the terms of such a restrictive covenant, but they may not seek judicial enforcement of such a covenant, as that would be a state action. Because such state action would be discriminatory, the enforcement of a racially based restrictive covenant in a state court would therefore violate the Equal Protection Clause of the Fourteenth Amendment. The court rejected the argument that since state courts would enforce a restrictive covenant against white people, judicial enforcement of restrictive covenants would not violate the Equal Protection Clause.

Property law

propertyreal property lawestate law
More minor property rights may be created by contract, as in the case of easements, covenants, and equitable servitudes. A separate distinction is evident where the rights granted are insufficiently substantial to confer on the nonowner a definable interest or right in the thing. The clearest example of these rights is the license. In general, even if licenses are created by a binding contract, they do not give rise to property interests. Property rights are also distinguished from personal rights. Practically all contemporary societies acknowledge this basic ontological and ethical distinction.

Tulk v Moxhay

judgement
Prior to this case, for covenants to run, that is for the covenantee to take enforcement action or obtain damages against a breach, the breach and covenant had to be one of two classes: After the case, instead of the first narrow privity of estate, any restrictive covenant chiefly needed satisfy four lesser requirements to bind the successors in title: The old vertical privity rules remain (as later slightly amended) in respect of positive covenants (stipulations requiring someone to do an action).

Leasehold estate

tenantsleaseholdtenant
At the end of their lease they need do nothing but continue payment of rent at the previous level and uphold all other relevant covenants such as to keep the building in good repair. They cannot be evicted unless the landlord serves a formal notice to end the tenancy and successfully opposes the grant of the new lease to which the tenant has an automatic right. Even this can only be done under prescribed circumstances, for example the landlord's desire to occupy the premises himself or to demolish and redevelop the building.

Forest Hills, Queens

Forest HillsForest Hills, New YorkForest Hills Gardens
It was subject to restrictive covenants until the 1970s, which contained no explicit economic, social or racial restrictions even if "working-class people" were said to be excluded by Eric P. Nash in a 2002 New York Times article, in his review of A Modern Arcadia. Forest Hills Gardens was named "Best Community" in 2007 by Cottage Living Magazine. The adjacent Van Court community also contains a number of detached single-family homes. There are also attached townhouses near the Westside Tennis Center and detached frame houses near Metropolitan Avenue. The north side of Forest Hills is home to the Cord Meyer community, which contains detached single-family homes.

Urban planning

Planningurban developmenttown planning
Enforcement methodologies include governmental zoning, planning permissions, and building codes, as well as private easements and restrictive covenants. Urban planners work with the cognate fields of architecture, landscape architecture, civil engineering, and public administration to achieve strategic, policy and sustainability goals. Early urban planners were often members of these cognate fields. Today urban planning is a separate, independent professional discipline. The discipline is the broader category that includes different sub-fields such as land-use planning, zoning, economic development, environmental planning, and transportation planning.

Brown County, Ohio

Brown CountyBrownBrown (OH)
Pleasant. Scott. Sterling. Union. Washington. Brown County News. Brown County Government.

Pleasant Township, Ohio

Pleasant Townships statewide
Pleasant Township, Ohio may refer to: *Pleasant Township (disambiguation) Pleasant Township, Brown County, Ohio. Pleasant Township, Clark County, Ohio. Pleasant Township, Fairfield County, Ohio. Pleasant Township, Franklin County, Ohio. Pleasant Township, Hancock County, Ohio. Pleasant Township, Hardin County, Ohio. Pleasant Township, Henry County, Ohio. Pleasant Township, Knox County, Ohio. Pleasant Township, Logan County, Ohio. Pleasant Township, Madison County, Ohio. Pleasant Township, Marion County, Ohio. Pleasant Township, Perry County, Ohio. Pleasant Township, Putnam County, Ohio. Pleasant Township, Seneca County, Ohio. Pleasant Township, Van Wert County, Ohio.

Deed

sanadtitle deedtitle deeds
Covenants – binding limitations or promises. Conclusion (or eschatocol) – execution and date. Testimonium (Scotland: testing clause) – attests to the due execution of a deed or instrument. Examples:. England & Wales: In Witness Whereof, the parties to these presents have hereunto set their hands and seals. Ireland: In Witness Whereof the parties hereto have hereunto set their hands and affixed their seals [the day and year first herein written]. Scotland: ''IN WITNESS WHEREOF these presents, consisting of this and the preceding pages, are subscribed by [me] at [place] on the [day] day of [month] Two thousand and [year] in the presence of [name] of [address]''. Covenant (law). Deed poll.

Georgetown, Ohio

Georgetown
Georgetown is a village in Brown County, Ohio, United States located about 36 miles southeast of Cincinnati. The population was 4,331 at the 2010 census. It is the county seat of Brown County. Georgetown was the childhood home of Ulysses S. Grant.

Clark Township, Brown County, Ohio

Clark TownshipBrownClark
Pleasant Township - southeast. Lewis Township - south. Tate Township, Clermont County - west. Williamsburg Township, Clermont County - northwest corner.

Washington Park Subdivision

Daley ran for Cook County Sheriff in 1946 as a progressive anti-covenant candidate. Eventually, in Shelley v. Kraemer, which was argued by Thurgood Marshall, the U. S. Supreme Court declared restrictive covenants in general unenforceable. Sample racial covenant. Official City of Chicago Washington Park Neighborhood Map. Official City of Chicago Woodlawn Neighborhood Map.

Hansberry v. Lee

Lee v. Hansberry
The US Supreme Court disagreed and held that since some of the neighborhood landowners (46%) comprising the class of the prior lawsuit did not support the restrictive covenant, the previous decision that the covenant was valid could not apply to all members of that class. In other words, it was erroneous to allow the 54% of neighborhood landowners who had supported the restrictive covenant to represent the interests of the 46% who were against it. Therefore, the Supreme Court held that the restrictive covenant could be contested in court again, even though some of the parties involved may have been included in the prior class of neighborhood landowner.

Residential segregation in the United States

residential segregationsegregationsegregated
In 1948, the Supreme Court outlawed the enforcement of racial covenants with Shelley v. Kraemer, and two decades later the Fair Housing Act of 1968 incorporated legislation that prohibited discrimination in private and publicly assisted housing. The 1975 Home Mortgage Disclosure Act and the 1977 Community Reinvestment Act limited mortgage lenders' ability to provide discretion in issuing loans and requiring that lenders provide full disclosure of where and to whom they were providing housing loans, in addition to requiring that they provide loans for all areas where they do business.

Detroit

Detroit, MichiganDetroit, MICity of Detroit
By 1940, 80% of Detroit deeds contained restrictive covenants prohibiting African Americans from buying houses they could afford. These discriminatory tactics were successful as a majority of black people in Detroit resorted to living in all black neighborhoods such as Black Bottom and Paradise Valley. At this time, white people still made up about 90.4% of the city's population. From the 1940s to the 1970s a second wave of black people moved to Detroit in search of employment and with the desire to escape the Jim Crow laws enforcing segregation in the south.

Lewis Township, Brown County, Ohio

Lewis TownshipLewis Township, Brown CountyLewis
Pleasant Township - east. Franklin Township, Clermont County - west. Tate Township, Clermont County - northwest.