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6 Cards in this Set

  • Front
  • Back
Residential Purposes
many covenants limit use to "residential purposes." The content of this term is not self- evident because people commonly use their residences for a variet of purposes.
Residential Purposes:
Group Homes
most courts conclude that group homes for the handicapped, juvi delinquents of other greoups do not constitute a violation of residntial only covenants because people do in fact live there
Example of Group Homes:

Hill vs Community of Damien
, reasoning that because the Community provided the four residents “with a traditional family structure, setting and atmosphere,” and because the residents “use the home much as would any family with a disable family member, the group home use was consistent with the covenant. Some courts have ruled that use as a “group home” violated the residential only covenant.

Enforceability of these covenants, as so construed, may be barred by the federal FHA, state statutes or by judicial notions of public policy.
o To determine whether to enforce a restrictive covenant, we look at these rules of construction
 First, if the language is unclear or ambiguous- resolve the restrictive covenant in favor of the free enjoyment of the property and against restrictions
 Second, we will not read restrictions on the use and enjoyment of the land into the covenant by implication
 Third, we must interpret the covenant reasonably, but strictly, so as not to create an illogical, unnatural, or strained construction.
 Fourth, we must give words in the restrictive covenant their ordinary and intended meaning…
What Constitutes family?
In Hill four unrelated AIDS atients living together under the auspices of the Community of Damien were a family for purposes of the covenant because
1. They fit within the local zoning ordinance’s definition of family
2. There is a strong public policy in favor of including small group homes within the definition of the term family and
3. The residents possessed the “generic character of a relatively permanent functioning family unit.”
Racial Restrictions:

Shelley v. Kraemer
not enforceable,
The U.S Supreme Court reversed holding that a state’s refusal to permit a willing buyer and seller to transfer titles to property because of the fadce of one of the parties was a violation of the equal protection clause of the 14th amendment.

Note: Restatement 3rd a racially rescrictive use covenant would be invalid even if it were not unconstitutional to enforce it