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private_controls

Private Controls

Private controls are non-governmental restrictions that limit the use of real property.

1. Deed Restrictions

Limitations placed in a deed by a grantor.

  • Restrict use, occupancy, or improvements
  • Bind future owners
  • Enforceable by injured parties or courts
  • Run with the land

2. Covenants, Conditions, and Restrictions (CC&Rs)

Rules recorded by developers or homeowners associations.

  • Govern use and appearance of property
  • Enforced by HOA or other owners
  • Common in planned unit developments and condominiums
  • May include fines or legal action for violations

3. Easements

Non-possessory rights to use another’s land.

  • Appurtenant easements benefit a dominant tenement
  • Easements in gross benefit an individual or company
  • Can be created by grant, necessity, prescription, or implication

4. Encroachments

Unauthorized physical intrusion onto another’s property.

  • Fences, buildings, or overhanging structures
  • May be disclosed by a survey
  • Can result in legal disputes or required removal

5. Leases

Private agreements granting possession for a limited time.

  • Restrict tenant use of property
  • Terms enforceable between landlord and tenant
  • Do not transfer ownership interest
private_controls.txt · Last modified: by reidjs