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Eight Feet Jolted a $180M Real Estate Deal

nytimes.com

61–70 of 114 posts

Re: Eight Feet Jolted a $180M Real Estate Deal

#61
post #42

First of all, the headline is pretty clickbaity -- from the article it seems quite clear that this was a case of competing buyers, and the 8-foot setback is some spurious justification for why one of the buyers didn't move fast enough. Second, many commenters here are arguing that perpetual clauses like this ought to be disallowed. It certainly makes sense to me that clauses like these ought to be converted to regula…

Why do you want to limit people’s property rights for looks? Why does a row of buildings need to be exactly aligned? This type of thing and HOAs are a bane upon property owners. I’m glad I don’t have an HOA, and I’ll never understand the push to not allow semi-organically grown cityscapes. You need some zoning limits, but do it Japan style rather than for looks.

Because some of the USA (notably the north east) still gives a shit about the communities where they live rather than embracing rugged frontier individualism a la "trust no one, and get yours first."

Just because you own something doesn't mean you get a free pass to be a nuisance to others. Laws are there to keep society together, not to enable antisocial proclivities.

Re: Eight Feet Jolted a $180M Real Estate Deal

#63
post #38

Earlier quoted context omitted.

Doesn't your argument that this should be converting to a zoning regulate kind of negate your point that we should want to ensure some level of consistency on a dense city block?

No, the point is that the zoning maintains the consistency. But that if someday in the future there's a greater public need for something that outweights the architectural consistency, there's the flexibility to consider that too, through the existing public mechanisms of zoning changes. Like if the entire block gets purchased and torn down to put in a single school building, then the setback is no longer needed, bec…

[deleted]

Re: Eight Feet Jolted a $180M Real Estate Deal

#64

First of all, the headline is pretty clickbaity -- from the article it seems quite clear that this was a case of competing buyers, and the 8-foot setback is some spurious justification for why one of the buyers didn't move fast enough. Second, many commenters here are arguing that perpetual clauses like this ought to be disallowed. It certainly makes sense to me that clauses like these ought to be converted to regula…

> Ensuring some minimal level of architectural consistency on a dense city block is a good thing. Check zillow. Of the 32 units for rent in Brooklyn Heights, the cheapest is a tiny $2,600/month studio. The median rent is $4,500/month, and that's for an apartment with one bedroom and one bathroom. No, I don't think allowing a 200 year old private rule to reduce living space in an age of incredible housing scarcity is…

"sleeping on the streets" and "living in Brooklyn Heights" are hardly the only two options here.

Re: Eight Feet Jolted a $180M Real Estate Deal

#65
post #55

First of all, the headline is pretty clickbaity -- from the article it seems quite clear that this was a case of competing buyers, and the 8-foot setback is some spurious justification for why one of the buyers didn't move fast enough. Second, many commenters here are arguing that perpetual clauses like this ought to be disallowed. It certainly makes sense to me that clauses like these ought to be converted to regula…

Typically, covenants are meant to cover issues more locally than zoning could, like a permanent easement for the benefit of an adjoining property or setbacks for all the properties on one street to achieve a particular aesthetic. You could make them zoning laws, but they would be rather complex and have to refer to particular parcels. They can be removed, but typically you have to prove that removing the covenant isn…

you can also invalidate a convenant through laws.

a good portion of the US has racial covenants saying what properties can be sold to whom, but none of those have been legal or legally enforceable since the Fair Housing Act. https://www.alta.org/advocacy/housing-opportunities/discrimi...

Re: Eight Feet Jolted a $180M Real Estate Deal

#66
post #25

Earlier quoted context omitted.

There is the Rule against Perpetuities, that may apply. But it sounds the rule and its application is very complex in New York, so you'd likely need a lawyer very familiar with the specifics in New York to tell you if it applies to restrictive covenants in real estate deeds. My lay person understanding is the covenants in the 1905 deed were void for my house near San Jose, CA; but those were temperance covenants and…

The interests vested when the lots were first sold.

I'm happy to be wrong, but this is my understanding...

My restrictive covenant was phrased that if some event occurred, the ownership would convey to the original seller or his heirs.

In that case, the seller's interest would not vest unless that event occurred; and since this vesting could happen in the far future, it's prohibited.

I don't know how the covenant on setbacks is written in this case though, unfortunately the images from the article are too small to be legible, and I don't know where to find them otherwise.

Re: Eight Feet Jolted a $180M Real Estate Deal

#67
post #54

Earlier quoted context omitted.

This 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.

What about some who visits on Google street view?

You probably know more than me about this since I didn't even think of it until now.

Re: Eight Feet Jolted a $180M Real Estate Deal

#68
post #42

Earlier quoted context omitted.

Why do you want to limit people’s property rights for looks? Why does a row of buildings need to be exactly aligned? This type of thing and HOAs are a bane upon property owners. I’m glad I don’t have an HOA, and I’ll never understand the push to not allow semi-organically grown cityscapes. You need some zoning limits, but do it Japan style rather than for looks.

Because some of the USA (notably the north east) still gives a shit about the communities where they live rather than embracing rugged frontier individualism a la "trust no one, and get yours first." Just because you own something doesn't mean you get a free pass to be a nuisance to others. Laws are there to keep society together, not to enable antisocial proclivities.

A very, very right-wing coworker once said to me: "There is no such thing as society. There is no such thing as common good. These are fictions created to control you."

I was happy he had identified our fundamental disagreement so that we didn't have to argue further.

Re: Eight Feet Jolted a $180M Real Estate Deal

#69
post #42

First of all, the headline is pretty clickbaity -- from the article it seems quite clear that this was a case of competing buyers, and the 8-foot setback is some spurious justification for why one of the buyers didn't move fast enough. Second, many commenters here are arguing that perpetual clauses like this ought to be disallowed. It certainly makes sense to me that clauses like these ought to be converted to regula…

Why do you want to limit people’s property rights for looks? Why does a row of buildings need to be exactly aligned? This type of thing and HOAs are a bane upon property owners. I’m glad I don’t have an HOA, and I’ll never understand the push to not allow semi-organically grown cityscapes. You need some zoning limits, but do it Japan style rather than for looks.

Adding a covenant to a deed is a property right, I think wanting to know invalidate them is anti-property rights.

Re: Eight Feet Jolted a $180M Real Estate Deal

#70
post #42

Earlier quoted context omitted.

Why do you want to limit people’s property rights for looks? Why does a row of buildings need to be exactly aligned? This type of thing and HOAs are a bane upon property owners. I’m glad I don’t have an HOA, and I’ll never understand the push to not allow semi-organically grown cityscapes. You need some zoning limits, but do it Japan style rather than for looks.

Because some of the USA (notably the north east) still gives a shit about the communities where they live rather than embracing rugged frontier individualism a la "trust no one, and get yours first." Just because you own something doesn't mean you get a free pass to be a nuisance to others. Laws are there to keep society together, not to enable antisocial proclivities.

Check out Japan zoning laws, pal. I’m not some rugged individual, but I still believe in reasonable freedoms. Japan doesn’t have issues with nuisances with their zoning system. Far from it.
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