Wednesday, February 20, 2013

Private restrictions on Real Estate are restrictions typically created by land developers themselves. They can be both positive and negative in regards to their nature and intent. Some examples of private restrictions include common easements, fees and restrictive covenants.

Private restrictions are the restrictions formed by two or more private parties through covenants, restrictions, and conditions contained within the tools of conveyance or in specific planned community rules.

Here is what I found to be a good example of some private restriction easements in the news, an Enhanced Easement Incentive -

https://www.landtrustalliance.org/policy/tax-matters/campaigns/the-enhanced-easement-incentive






public restrictions are those which are imposed by a governmental authority, which has the appropriate jurisdiction, in the form of zoning. The are usually in place in order to keep a safe a healthy community. For example, some buildings or billboards may not be allowed over a certain height in any given area.

An example in the news would have to be this Conservation easement conundrums within the High Country News - http://www.hcn.org/issues/367/17604/print_view.

As well as this one in Washington on easements in a township.


http://newjerseyhills.com/observer-tribune/news/washington-township-residents-miffed-over-easement-violations/article_77db6ee4-c98f-11e0-841a-001cc4c002e0.html

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