Linda Ferrara

September 1, 2009

Real Estate Term: Restrictive Covenant

Definition: A clause in a deed which a grantor has placed there which prohibits or restricts certain use, occupation or improvement of the land and to which the grantee must agree in order for the property to be conveyed and which will be binding on all subsequent owners.

Discussion:

Scope of covenants

Restrictive covenants may arise from many sources, and may be registered against titles or included in leases. Some covenants exist for safety purposes, such as a covenant forbidding the construction of tall buildings in the vicinity of an airport or one restricting the height of fences on corner lots (so as not to interfere with drivers' sight lines). Covenants may restrict everything from the height and size of buildings to the materials used in construction to superficial matters such as paint color and holiday decorations.

Residential covenants

Residential covenants are relatively common in the United States. Some residential covenants may be considered generally benign, such as those preventing owners or tenants from removing healthy trees, fundamentally altering historically important structures, or directly harming property values. Others, however, are more detailed. Some restrictive covenants may govern what color a home's exterior is painted, what and how many exterior decorations are allowed, where cars are allowed to be parked, or even who lives in the house (outside of the owner's nuclear family).

Many communities also attempt to forbid amateur radio or outdoor television antennas. Various states in the United States have enacted or are enacting laws forbidding such restrictive covenants and rendering void existing covenants, as amateur radio operators are often seen as essential emergency services.

Controversy

Some have accused homeowners associations of selective enforcement of these rules, making a case only when it is something (or someone) another person dislikes. Breaking a rule, even unintentionally, can bring fines or even a lien on the home. In extreme cases, homeowners' associations may file a lawsuit against a resident who violates the association bylaws or even foreclose their property.

Attempts have been made to have federal agencies preempt certain restrictive covenants. For example, the American Radio Relay League attempted unsuccessfully to have the FCC pre-empt restrictive covenants related to amateur radio towers. The FCC found that restrictive covenants are private contractual agreements, not state or local regulation, and not subject to the FCC pre-emption policy.

A restrictive covenant differs in the United States from a zoning regulation in that its creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than an exercise of the governmental police power.

Today's Saying: There are no secrets to success. It is the result of preparation, hard work, and learning from failure.

August 31, 2009

Below is a link to a new presentation about Southwest New Mexico's Business Development. Check it out!

http://www.wnmu.edu/nmecon/Newpresentation.html%20

August 27, 2009

Real Estate Term: Quiet Title Action

Definition: A court action brought to establish title from a questionable claim or to remove a defect or cloud on the title to property.

Discussion:

From Wikipedia:

An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title.

This legal action is "brought to remove a cloud on the title so that plaintiff and those in privity with her may forever be free of claims against the property.^[1]

This lawsuit is also sometimes called a Try title, trepass to try title, or Ejectment action "to recover possession of land wrongfully occupied by a defendant."^[2] However, there are slight differences. In an ejectment action, it is typically done to remove a tenant or lessee in an eviction action, or an eviction after a foreclosure. Nonetheless, in some states, all terms are used synonymously.

Today's Saying: Our business in life is not to succeed, but to continue to fail in good spirits.

August 26, 2009

Wordless Wednesday

Okay, any of you who know me, know that I can't have a wordless anything! But, here are photos from around our area with a few words attached.

This is a photo from the trails near the Arrastra site, just north of Silver City, NM.

This area is Cattle Country!

The backyard at Santa Rita Street in downtown Silver City, New Mexico. Like it? It's for sale!

August 25, 2009

Bill Evans Lake is located in north-central Grant County. Take New Mexico Highway 180 to the community of Riverside. Look for a road sign identifying the paved road to the lake.

Bill Evans Lake is an interesting body of water: It's a lake 300 feet above the river that fills it. Water from the Gila River is pumped up a high mesa to where a sparkling lake is impounded.

The lake is suited to both trout and warmwater fish species, and is a great year-round place to watch birds and wildlife.

Bill Evans provides a great view of surrounding mountain ranges. The lake is surrounded by a gravel road, providing access to much of the shoreline. The gravel road can be uneven and may require a high ground clearance vehicle in some areas - but the lake is relatively small and all of the shoreline can be reached easily by foot.

The lake annually fills anglers' creels with crappie, channel catfish, bluegill and largemouth bass. Trout, although present throughout the year, are more active from October through May. Compared to other southwestern lakes, Bill Evans has relatively cool waters and largemouth bass grow slower than in warmer lakes. But big largemouth are still found in Bill Evans, including the state record 15-pound, 13-ounce largemouth caught in 1995. The lake is typically maintained at a level of 62 surface acres.

Camping is permitted at the lake, although there are no developed campsites. Boating is permitted on the lake, but only electric motors and self-propelled boats are allowed. All of the lake is a no-wake zone.

Today's Saying:

Nothing is so fatiguing as the eternal hanging on of an uncompleted task. - William James