Document Type

Article

Comments

Quintin Johnstone Prize Paper in Real Property Law. Established by the CATIC Foundation. (C. Priest, R. Ellickson, D. Schleicher) (To the student in his second or third year at the law school who has demonstrated excellence in the area of real property laws)

Abstract

Though covenants are usually considered the private sector’s alternative to zoning, governments also use covenants to control land use. Governments choose between zoning and covenants, and this choice illuminates the legal differences between the two tools. Covenants and zoning are not distinguished by the substantive restrictions each tool can impose on land use. Rather, a critical distinction between the two is that governments use the customizability of covenants, as tools of private law, to limit citizen enforcement of the covenants’ land use provisions. Zoning, by contrast, allows for citizen enforcement. Zoning also requires greater public participation and involves different amendment procedures.

Date of Authorship for this Version

2015

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