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To: fruser1

“English common law has always allowed deeds to be transferred w/restrictions.”

You have it backwards, fruser1. English common law ended the dead hand doctrine.


29 posted on 08/24/2016 3:20:19 PM PDT by sergeantdave
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To: sergeantdave

Not what I’m talking about.

Common example in place today - Home Owners Associations.

Those are restrictions placed on the deed and run with the land.

I can transfer title myself with a restriction, such as to a church, for as long as the property is used for religious purposes. I can also say the property may not be improved (to make it like a park).

This is known as “fee simple determinable” title and is part of common law.


34 posted on 08/24/2016 3:34:38 PM PDT by fruser1
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