Private and Public Restrictions on Real Estate

Private Restrictions on Real Estate are restrictions and limitations that generally run with the land. Private restrictions include: 

• covenants, conditions, and restrictions (CC&Rs)- limit the way an owner can use the property.
• liens- a claim on a property as either a security for a debt or fulfillment of some monetary charge or obligation.
• easements- a right given to one party by the owner to use the land in a specific manner.
• profit a prendre- a nonpossessory interest in real property that permits the holder to remove part of the soil or produce of the land.
• adverse possession- allows individuals to acquire title to land they do not own because they have openly possessed it for a statutory period of time, usually 7 to 20 years.
• encroachments- an unauthorized invasion of intrusion of a fixture, a building, or other improvement onto another person's property.

The Following link will take you to a lien dispute between B of A and 28 Nevada homeowner associations and their collection agencies for hitting homeowners and buyers of foreclosed homes with inflated bills for past-due assessments and collection costs.
Lien Dispute


Public Restrictions on Real Estate arise from governments' powers of:

• taxation- the government levies both property and income taxes.
• eminent domain- a government can acquire property for a public use, even if the owner doesn't want to sell, as long as the owner receives just compensation.
• police power- governments have the power of regulation, which gives them the ability to protect the public health, safety, morals, and general welfare.
• escheat- if the landowner dies without leaving either a valid will or living relatives, the state government becomes the new owner of the property.

The following link will take you to an eminent domain dispute in which a Henrico County property owner has won an eminent domain court battle against the county over land taken for construction of the county’s North Gayton Road extension.

Eminent Domain Dispute

Floyd, Charles F. "Chapter 3 and 4." Cram101 Textbook Outlines to Accompany Real Estate Principles, Floyd, Allen, 10th Edition. [United States]: Academic Internet, 2011. 49-95. Print.