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In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
Kraemer, 334 U.S. 1 (1948), is a landmark [1] United States Supreme Court case that held that racially restrictive housing covenants (deed restrictions) cannot legally be enforced. The case arose after an African-American family purchased a house in St. Louis that was subject to a restrictive covenant preventing "people of the Negro or ...
Corrigan v. Buckley, 271 U.S. 323 (1926), was a US Supreme Court case in 1926 that ruled that the racially-restrictive covenant of multiple residents on S Street NW, between 18th Street and New Hampshire Avenue, in Washington, DC, was a legally-binding document that made the selling of a house to a black family a void contract. [1]
An action to enforce townhome covenants is, in fact, a legal or equitable action on a contract or written instrument—and so any enforcement action must be brought within five years.
On the face of it disavowing that covenants can "run with the land" so as to avoid the strict common law's former definition of "running with the land", the case has been explained by the Supreme Court of Canada in 1950 as meaning that "covenants enforceable under the rule of Tulk v Moxhay... are properly conceived as running with the land in ...
To create new rules or enforce current rules, the HOA’s board must meet and come to a consensus with the assistance of its membership, which elects the directors.
Enforcement of a negative covenant lies in property; a negative covenant deprives the owner of a right over property... To enforce a positive covenant would be to enforce a personal obligation against a person who has not covenanted. To enforce negative covenants is only to treat the land as subject to a restriction...
In Virginia, the enforceability of covenants not to compete is governed by common law principles. As restrictions on trade, CNCs are not favored by Virginia courts, which will enforce only narrowly drafted CNCs that do not offend public policy.