land use & zoning law

contract zoning

Contract zoning is making a deal with a governing body to be granted exemptions to a zoning code. It was originally considered illegal, but the concept has evolved into two versions.

The first is legitimate conditional use...

covenant

A covenant is a formal agreement or promise, usually included in a contract or deed, to do or not do a particular act. Covenants are particularly relevant in the fields of contract law and property law.

An example of a contractual...

covenant of quiet enjoyment

In property law, the covenant of quiet enjoyment is an implied term in every lease that the tenant shall have quiet and peaceful possession of the leased premises against the lessor. The covenant ensures that the landlord is bound to refrain...

covenant that runs with the land

A covenant that runs with a land is a covenant that transfers when ownership of the attached land transfer. The future owner of the property subject to a covenant that runs with the land is bound by that covenant.

A...

covenants, conditions, and restrictions

Covenants, conditions, and restrictions, commonly called “CC&Rs” are a set of rules governing the use of a certain piece of real estate in a given community.

For example, a CC&R can regulate the fences around a house, the...

dedication

A dedication is the conveyance of private land, either in fee simple or as an easement, for public use. The landowner can convey the property according to dedication procedures defined by statute or as a common law dedication through deed or...

eminent domain

Overview

Eminent domain refers to the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide...

enclosure (inclosure)

An enclosure is any natural or artificial boundary limiting access around a piece of land. For example, a fence, wall, hedge, ditch, or other physical barrier can be considered an enclosure. Proof of an enclosure is significant in a claim of...

energy

Overview:

For most of American history, the federal government did not play an active role in the energy industries. During the Great Depression and into the years of WWII, the federal government began to establish a fragmented regulatory...

enjoyment

Enjoyment, in a legal context, has several related meanings; but generally, it means “to exercise a right.” Some common uses of the term “enjoyment” in a legal sense include:

In the context of estate tax statutes, cases such as this...

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