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Covenants, Conditions And Restrictions
A covenant, in its most general and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. A covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term real covenants means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duties or restri ...
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Covenant (historical)
In a historical context, a covenant applies to formal promises that were made under oath, or in less remote history, agreements in which the name actually uses the term 'covenant', implying that they were binding for all time. One of the earliest attested covenants between parties is the so-called Mitanni treaty, dating to the 14th or 15th century BC, between the Hittites and the Mitanni. Key elements of this type of Hittite international covenant treaty included a preamble identifying the king, a historical prologue that detail the monarch's deeds, the stipulated obligations of the vassal state, where the covenant would be stored, as well as an outline of the blessings if the document is obeyed and curses if the terms were broken. Historically, certain treaties and compacts have been given the name "covenant", notably the Solemn League and Covenant that marked the Covenanters, a Protestant political organization important in the history of Scotland. The term 'covenant' appears thr ...
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Leasehold Reform Act 1967
The Leasehold Reform Act 1967 (c. 88) is an act of Parliament of the United Kingdom, which concerns English land law and compulsory purchase. A government bill, the law remains largely intact. It was passed by both Houses and had been tabled by ministers of the Labour government, 1964–1970. Provisions and subsequent amendments The act grants the right to long leaseholders of houses let at low and moderately low rents to buy their homes compulsorily from their landlords at a fair price. Initially the 1967 act applied only to homes below these rateable values: £400 in London and £200 p.a. elsewhere (thus targeting low-to-middle income homeowners); the reform coincided with lower wages becoming less of a bar to access to loans from major mortgage lenders. The act has since been amended on a number of occasions to expand these rights, to homeowners having higher rateable values. Background English law and lending eschews the concept of flying freehold entire properties, s ...
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Amateur Radio
Amateur radio, also known as ham radio, is the use of the radio frequency radio spectrum, spectrum for purposes of non-commercial exchange of messages, wireless experimentation, self-training, private recreation, radiosport, contesting, and emergency, emergency communications. The term ''"radio amateur"'' is used to specify ''"a duly authorized person interested in radioelectric practice with a purely personal aim and without wikt:pecuniary, pecuniary interest"'' (either direct monetary or other similar reward); and to differentiate it from commercial broadcasting, public safety (police and fire), or two-way radio professional services (maritime, aviation, taxis, etc.). The amateur radio service (''amateur service'' and ''amateur-satellite service'') is established by the International Telecommunication Union (ITU) through their recommended radio regulations. National governments regulate technical and operational characteristics of transmissions and issue individual station li ...
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Feedlot
A feedlot or feed yard is a type of animal feeding operation (AFO) which is used in intensive animal farming, notably beef cattle, but also swine, horses, sheep, turkeys, chickens or ducks, prior to slaughter. Large beef feedlots are called concentrated animal feeding operations (CAFO) in the United States and intensive livestock operations (ILOs) or confined feeding operations (CFO) in Canada. They may contain thousands of animals in an array of Pen (enclosure), pens. The basic purpose of the feedlot is to increase the amount of fat gained by each animal as quickly as possible; if animals are kept in confined quarters rather than being allowed to range freely over grassland, they will gain weight more quickly and efficiently with the added benefit of economies of scale. Regulation Most feedlots require some type of governmental approval to operate, which generally consists of an agricultural site permit. Feedlots also would have an environmental plan in place to deal with th ...
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Homeowner Association
A homeowner association (or homeowners' association [HOA], sometimes referred to as a property owners' association [POA], common interest development [CID], or homeowner community) is a private, Incorporation (business), legally-incorporated organization that governs a housing community, collects dues, and sets rules for its residents. HOAs are found principally in the United States, Canada, the Philippines, as well as some other countries. They are formed either ''ipso jure'' (such as in a building with multiple Owner-occupancy, owner-occupancies), or by a real estate developer for the purpose of marketing, Management, managing, and selling homes and lots in a residential subdivision. The developer may transfer control of an HOA after selling a predetermined number of lots. These legal structures, while most common in residential developments, can also be found in commercial, industrial and mixed-use developments, in which context they are referred to as POAs or CIDs instead of HO ...
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Torrens Title
Torrens title is a land registration and land transfer system in which a state creates and maintains a register of land holdings, which serves as the Incontrovertible evidence, conclusive evidence (termed "Defeasible reasoning#Political and judicial use, indefeasibility") of Title (property), title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of Title to the new proprietor, which is merely a copy of the related folio of the register. The main benefit of the system is to enhance certainty of title to land and to simplify dealings involving land. Its name derives from Robert Richard Torrens, Sir Robert Richard Torrens (1812–1884), who designed, lobbied for and introduced the private member's bill which was enacted as the ''Real Property Act 1858'' in the History of So ...
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Commonwealth Of Nations
The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an International organization, international association of member states of the Commonwealth of Nations, 56 member states, the vast majority of which are former territorial evolution of the British Empire, territories of the British Empire from which it developed. They are connected through their English in the Commonwealth of Nations, use of the English language and cultural and historical ties. The chief institutions of the organisation are the Commonwealth Secretariat, which focuses on intergovernmental relations, and the Commonwealth Foundation, which focuses on non-governmental relations between member nations. Numerous List of Commonwealth organisations, organisations are associated with and operate within the Commonwealth. The Commonwealth dates back to the first half of the 20th century with the decolonisation of the British Empire through increased self-governance ...
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Recording (real Estate)
The vast majority of states in the United States employ a system of recording legal instruments (otherwise known as deeds registration) that affect the title of real estate as the exclusive means for publicly documenting land titles and interests. The record title system differs significantly from land registration systems, such as the Torrens system, that have been adopted in a few states. The principal difference is that the recording system does not determine who owns the title or interest involved, which is ultimately established through litigation in the courts. The system provides a framework for determining who the law will protect in relation to those titles and interests when a dispute arises. Creation The recording systems are established by state statute. They usually provide for the office of a recorder in each county or other jurisdiction. The names of these offices are usually the "Recorder of Deeds" or something similar. State statutes also prescribe the followin ...
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Trust Deed (real Estate)
A deed of trust refers to a type of legal instrument which is used to create a security interest in real property and real estate. In a deed of trust, a person who wishes to borrow money conveys ''legal'' title in real property to a trustee, who holds the property as security for a loan (debt) from the lender to the borrower. The ''equitable'' title remains with the borrower. The borrower is referred to as the trustor, while the lender is referred to as the beneficiary. Overview Transactions involving deeds of trust are normally structured, at least in theory, so that the lender/beneficiary gives the borrower/trustor the money to buy the property; the borrower/trustor tenders the money to the seller; the seller executes a grant deed giving the property to the borrower/trustor; and the borrower/trustor immediately executes a deed of trust giving the property to the trustee to be held in trust for the lender/beneficiary. In reality, an escrow holder is always used so that the ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through Contract, contract law, and if property is violated, one could sue under Tort, tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. Theory The word ''property'', in everyday usage, refers to an object (or objects) owned by a person—a car, a book, or a cellphone—and the relationship the person has to it. In law, the concept acquires a more nuanced rendering. Factors to consider include the nature of the object, the relationship between the person and the object, the relationship between a numbe ...
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Restatements Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive authority, persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harva ...
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Equitable Servitude
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements. However, covenants and equitable servitudes in most of the jurisdictions across North America are slightly different. The usual distinction is based on the remedy plaintiff seeks and precedent will allow for the scenario in question. 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 i ...
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