3 ms·

I oppose deed restrictions. They last forever and who knows what is correct for future generations. This is a jerk move by the city, but that is a different i

by bluGill 5mo ago

I oppose deed restrictions. They last forever and who knows what is correct for future generations. This is a jerk move by the city, but that is a different issue.

deleted 5mo ago
[deleted]
dylan604 5mo ago
Deed restrictions can be modified. There are processes for doing it.
- bluGill 5mo ago
  Maybe. Many are forever. If the restriction is a via HOA there is generally a process to modify the HOA agreement. However there are other restrictions and some don't make provisions.
  - dylan604 5mo ago
    Nothing is forever. You just have to get enough people to agree. Look at the current US situation. Things thought of as forever are now being shown to be much less permanent.
_heimdall 5mo ago
I could see some kind of legal max duration of a deed restriction, but it seems totally reasonable as long as both parties know the agreement. If I can't write in a deed restriction then I also don't want the government writing easements and land use restrictions.
- bluGill 5mo ago
  I consider easements only valid when in use, or 5 years. That is once you build the "thing" you get to keep the easement, but if you stop using that pipe/cable/... you get 5 years to clean it up. If you are planning on building, you get 5 years to complete it, otherwise you have to start over getting another easement.
  - bitmasher9 5mo ago
    I was recently involved in a civil suit where an 50+ year old easement was brought up. I’m glad you only consider the easement valid for 5 years or when in use, but the courts disagree.
    - bluGill 5mo ago
      The courts have no choice - they are following the law as they should. However that doesn't mean the law is just or right. This is an important philosophical difference
      - _heimdall 5mo ago
        A philosophical difference for sure, I happen to find plenty of laws to be unjust, not right, and even unconstitutional. In this comment chain that seems a bit out of place though, I thought we were specifically talking about the laws at play here (maybe I misread it though!)

by bluGill 5mo ago

I oppose deed restrictions. They last forever and who knows what is correct for future generations. This is a jerk move by the city, but that is a different issue.

deleted 5mo ago

[deleted]

dylan604 5mo ago

Deed restrictions can be modified. There are processes for doing it.

bluGill 5mo ago
Maybe. Many are forever. If the restriction is a via HOA there is generally a process to modify the HOA agreement. However there are other restrictions and some don't make provisions.
- dylan604 5mo ago
  Nothing is forever. You just have to get enough people to agree. Look at the current US situation. Things thought of as forever are now being shown to be much less permanent.

_heimdall 5mo ago

I could see some kind of legal max duration of a deed restriction, but it seems totally reasonable as long as both parties know the agreement. If I can't write in a deed restriction then I also don't want the government writing easements and land use restrictions.

bluGill 5mo ago
I consider easements only valid when in use, or 5 years. That is once you build the "thing" you get to keep the easement, but if you stop using that pipe/cable/... you get 5 years to clean it up. If you are planning on building, you get 5 years to complete it, otherwise you have to start over getting another easement.
- bitmasher9 5mo ago
  I was recently involved in a civil suit where an 50+ year old easement was brought up. I’m glad you only consider the easement valid for 5 years or when in use, but the courts disagree.
  - bluGill 5mo ago
    The courts have no choice - they are following the law as they should. However that doesn't mean the law is just or right. This is an important philosophical difference
    - _heimdall 5mo ago
      A philosophical difference for sure, I happen to find plenty of laws to be unjust, not right, and even unconstitutional. In this comment chain that seems a bit out of place though, I thought we were specifically talking about the laws at play here (maybe I misread it though!)