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> But here? There's no one to buy off to relax the constraint. It's held in perpetuity by the dead hand of the past. I'd agree that there no one specific with
by MereInterest 2y ago
> But here? There's no one to buy off to relax the constraint. It's held in perpetuity by the dead hand of the past.
I'd agree that there no one specific with whom you could re-negotiate the condition, but that doesn't mean there is "no one". It means that the negotiation must involve everybody who has made decisions based on the presence of the covenant, and who would be negatively impacted by it.
As others have mentioned, there are procedures in place that could strike down a covenant. It isn't the "dead hand of the past" that is being protected. It's the current homes of the living.
- MichaelZuo 2y agoI don't think its logistically possible to negotiate with every relevant party in Brooklyn, or even within a half mile radius. It's effectively impossible to change, without resorting to the legislature, if that's a mandatory requirement.
- pc86 2y agoIf you live a half mile away are you impact at all by a setback covenant being altered? If you're a neighbor you almost certainly are.
- MichaelZuo 2y agoThis is a normal street where people walk every day for their commute, of course someone living a half mile away who uses the street can credibly claim to experience some non-zero impact with a narrower sidewalk.
- ipaddr 2y agoWhat about some who visits on Google street view?
- MichaelZuo 2y agoYou probably know more than me about this since I didn't even think of it until now.
- lazyasciiart 2y ago> everybody who has made decisions based on the presence of the covenant, and who would be negatively impacted by it. Including everyone who has sold the property in the past, and/or decided not to buy it.