Author: Richard R. W. Brooks
Publisher: Harvard University Press
ISBN: 0674073711
Category : Law
Languages : en
Pages : 389
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Book Description
Saving the Neighborhood tells the charged, still controversial story of the rise and fall of racially restrictive covenants in America, and offers rare insight into the ways legal and social norms reinforce one another, acting with pernicious efficacy to codify and perpetuate intolerance. The early 1900s saw an unprecedented migration of African Americans leaving the rural South in search of better work and equal citizenship. In reaction, many white communities instituted property agreements—covenants—designed to limit ownership and residency according to race. Restrictive covenants quickly became a powerful legal guarantor of segregation, their authority facing serious challenge only in 1948, when the Supreme Court declared them legally unenforceable in Shelley v. Kraemer. Although the ruling was a shock to courts that had upheld covenants for decades, it failed to end their influence. In this incisive study, Richard Brooks and Carol Rose unpack why. At root, covenants were social signals. Their greatest use lay in reassuring the white residents that they shared the same goal, while sending a warning to would-be minority entrants: keep out. The authors uncover how loosely knit urban and suburban communities, fearing ethnic mixing or even “tipping,” were fair game to a new class of entrepreneurs who catered to their fears while exacerbating the message encoded in covenants: that black residents threatened white property values. Legal racial covenants expressed and bestowed an aura of legitimacy upon the wish of many white neighborhoods to exclude minorities. Sadly for American race relations, their legacy still lingers.
Author: Jeffrey D. Gonda
Publisher: UNC Press Books
ISBN: 1469625466
Category : Social Science
Languages : en
Pages : 312
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Book Description
In 1945, six African American families from St. Louis, Detroit, and Washington, D.C., began a desperate fight to keep their homes. Each of them had purchased a property that prohibited the occupancy of African Americans and other minority groups through the use of legal instruments called racial restrictive covenants--one of the most pervasive tools of residential segregation in the aftermath of World War II. Over the next three years, local activists and lawyers at the NAACP fought through the nation's courts to end the enforcement of these discriminatory contracts. Unjust Deeds explores the origins and complex legacies of their dramatic campaign, culminating in a landmark Supreme Court victory in Shelley v. Kraemer (1948). Restoring this story to its proper place in the history of the black freedom struggle, Jeffrey D. Gonda's groundbreaking study provides a critical vantage point to the simultaneously personal, local, and national dimensions of legal activism in the twentieth century and offers a new understanding of the evolving legal fight against Jim Crow in neighborhoods and courtrooms across America.
Author: Steven Gasztowicz KC
Publisher: Bloomsbury Publishing
ISBN: 1784515426
Category : Law
Languages : en
Pages : 1035
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Book Description
Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.
Author: George Lucian Newsom
Publisher:
ISBN: 9780421858107
Category : Real covenants
Languages : en
Pages : 613
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Book Description
As statutes and regulations increasingly inhibit the rights of private landowners, the restrictive covenant has subtly emerged as one of the few remaining tools of property control available to the freeholder of land. * This edition discusses case law and its far-reaching effects on the jurisdiction of the Lands Tribunal, the modification or discharge of covenants and the compensation required * It also incorporates rent charge covenants and other use obligations, and the problems of consent and breach * Detailed chapters are included on procedure in Lands Tribunal applications
Author: Andrew Francis
Publisher: Jordan Publishing (GB)
ISBN: 9781784732417
Category : Law
Languages : en
Pages : 0
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Book Description
This popular work has established itself as an essential guide for the practitioner requiring an understanding of the law of restrictive covenants affecting freehold land. In this book a complex topic is made intelligible by easily understood text, complemented by flowcharts and checklists. This enables the adviser to solve problems quickly and accurately. The author brings his extensive experience of cases involving covenants to the work, dealing with points that arise in practice both comprehensively and with authority. The work considers all the key areas of law and practice affecting restrictive covenants. This new edition has been completely revised and updated with more detailed treatment of major issues affecting restrictive covenants. [Subject: Property Law, Freehold Land, Restrictive Covenant]
Author: Martin Dixon
Publisher: Psychology Press
ISBN: 9781859418451
Category : History
Languages : en
Pages : 508
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Book Description
"Maintaining its explanation of land law in an understandable and logical fashion, this edition has been substantially rewritten and revised to take into account the impact of the reforms of the Land Registration Act 2002. This new edition provides the most recent and exhaustive treatment of this key piece of legislation on land law. In addition, each chapter has been expanded and updated to include an analysis of the most recent case law."--BOOK JACKET.
Author: Samantha Hepburn
Publisher: Routledge
ISBN: 1135315787
Category : Law
Languages : en
Pages : 498
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Book Description
Australian Principles of Property Law, now in its third edition, covers all aspects of Australian real property law. Each chapter has been expanded and updated to incorporate the latest developments and theories. Incorporating academic discussion of historical and theoretical issues underlying the property system, as well as practical discussion of relevant legislative schemes, this texbook is the ideal accompaniment to any undergraduate property law course. Focusing on Victorian law, the text also outlines developments in other states and provides technical explanations where necessary. It is supported throughout by extracts from a wide range of cases and materials.
Author: Donald L. Sabey
Publisher: Routledge
ISBN: 0429773013
Category : Law
Languages : en
Pages : 198
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Book Description
First published in 1999, this book breaks new ground by treating the restrictive covenant from the aspect of the control of land use. At its heart is a detailed account of the discharge or modification mechanism, a system of practical importance to professionals in law, planning and land management. This central component is furthered by an historical account of the development of the concept from Tulk v Moxhay (the seminal case of 1848) to the present and by an assessment of its future in a legal system dominated by planning and environmental control. It is a study of the way in which a particular equitable doctrine has grown from simple beginnings to become a tool of considerable practical importance, enabling it to meet changing social and economic needs. It charts the growth of a concept, wherein principles of private and public law come together in the fields of property and planning and gives some pointers to possible reform of the law and the future role of the restrictive covenant.
Author: James Karp
Publisher: Dearborn Real Estate
ISBN: 9780793149568
Category : Business & Economics
Languages : en
Pages : 658
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Book Description
This comprehensive survey of real estate law is known for its numerous learning aids and easy-to-understand writing style. Real Estate Law incorporates the latest legal trends, numerous case studies, and multiple features to stimulate classroom discussion and enhance material retention. Highlights: Student Study Guide CD-ROM with interactive case studies help students apply complex principles while giving adopters a platform for classroom assignments The Changing Landscape sections explore the future of real estate law Key terms with page references allow for quick review of important concepts
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1236
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Book Description
"Cases argued and determined in the Court of Appeals, Supreme and lower courts of record of New York State, with key number annotations." (varies)
