Real Property Is Often Restricted

Real Property is often restricted in use based on the wishes or demands of a previous owner, including individuals companies or developers. The forms of restrictions that are placed on property often follow it for its whole ownership existence. Restrictions are frequently placed in property deeds and often restrict use in ways, such as in the restriction that a property can only be residential, must maintain a certain sized structure or in some cases can only be used for a certain business type. The forms of restrictions can be covenant, where the deed is restrictive of future owner's ability of use, and future owners and potential owners must be informed before sales. Another form of restriction can be in the form of a defeasanse, written in the deed which indicates that if restrictions are not upheld the deed of ownership becomes invalid. (Glossary of Real Estate Abbreviations, Terms and Phrases, NP) Many have argued that these types of restrictions are unfair and should not be upheld in the system. Thomas Jefferson was one of these people, as he argued that past owners have no right to restrict use of property by future owners.

Jefferson was both right and wrong. It is rather ridiculous to restrict land use with regard to superfluous "legacy" related ideals of how a former owner is associated with and remembers the property they have sold. Yet, it is also clear that some land use restrictions are reasonable and logical. If a former owner includes a covenant that restricts the removal of old growth trees or builds in an area that would adversely affect watershed or integrity of the environment. It is for this reason that it is also reasonable for government agencies and entities to be allowed to restrict property use, as well, and most do for many reasons. For the most part covenants deter property owners from doing known and unknown damage to property and the environment based on their own ignorance of affect. (California EPA Land Use Regulations and Covenants NP) Without such covenants and restriction there is a clear sense that ignorance would drive selfish decisions about property use that could have lasting effects on the property and the whole region.

Thomas Jefferson, would have been unlikely to have experienced the extreme nature of environmental devastation that can be caused by overuse or poor use of land and property. In Jefferson's time questions regarding individual rights were the questions of the day. Questions regarding how toxic substances leech into groundwater was limited to urban human waste not complicated chemical agents. Additionally, there is a clear sense that individuals and agencies are far more informed today about environmental issues and their long-term impacts on the earth than ever before. This information and the abuse of it has broad implications on the earth as well as future planning and development. One example of the language that is used to establish what is called the Uniform Environmental Covenants Act, a federal act detailing state and local development and enforcement of environmental covenant is Oregon's law,

Each condition and restriction set forth in this equitable servitude and easement touches and concerns the property and the easement granted...shall run with the land for all purposes, shall be binding upon all owners...("Property Law for Dummies," Article 4-2)