Notifications
Clear all

Case law for deed restrictions

24 Posts
7 Users
0 Reactions
4 Views
(@holy-cow)
Posts: 25292
 

I have learned that the bois d'arc/bodark/hedge trees so common to our region originated in your region many years ago. What seems like a billion trees get harvested every year around here for sale as fence posts and firewood. There is an endless supply. A buddy in the post business sends one or two semi-trailer loads of fence posts to Nebraska every week. We call them hedge trees probably because miles of them were planted by the early settlers with the idea of trimming them into the hedges used as fences in Europe. Some early entrepreneurs set up hedge nurseries to provide the seedlings needed by the settlers to plant along their property lines......mile after mile.

 
Posted : April 24, 2016 10:09 am
(@dave-karoly)
Posts: 12001
 

Holy Cow, post: 369162, member: 50 wrote: I have learned that the bois d'arc/bodark/hedge trees so common to our region originated in your region many years ago. What seems like a billion trees get harvested every year around here for sale as fence posts and firewood. There is an endless supply. A buddy in the post business sends one or two semi-trailer loads of fence posts to Nebraska every week. We call them hedge trees probably because miles of them were planted by the early settlers with the idea of trimming them into the hedges used as fences in Europe. Some early entrepreneurs set up hedge nurseries to provide the seedlings needed by the settlers to plant along their property lines......mile after mile.

That looks like "boys-dee-arc" to me.

 
Posted : April 24, 2016 10:27 am
(@holy-cow)
Posts: 25292
 

This is what it is all about........................

https://en.wikipedia.org/wiki/Maclura_pomifera

The link even mentions Meriwether Lewis.

 
Posted : April 24, 2016 11:10 am
(@skwyd)
Posts: 599
Registered
 

Holy Cow, post: 369088, member: 50 wrote: Stumbled onto a deed restriction in a tract sold in 1890 for the first time that was to continue in perpetuity. The buyer agreed to the requirement that liquor and other intoxicants could not be sold on the tract unless being dispensed for medical reasons by a pharmacist.

Told a former owner of the tract about the restriction, which was news to him. He said that during his time of ownership he was pretty certain that no liquor was ever sold on site but that truckloads were consumed.

I did an ALTA survey on some property with a similar restriction. The title report stated that the property was subject to the restrictions as outlined in the original deed. That deed stated that if the property was ever used to sell or allow to be sold alcohol, or if it was used as a local where alcohol was consumed or allowed to be consumed, the property would immediately and irrevocably be conveyed to the County who could then only use the property for a school. It was rather interesting, especially considering that the buyer has intended to build a retail chain store that does, in fact, sell alcohol. I told them of the restriction, but I don't know if they took it seriously.

 
Posted : April 25, 2016 9:29 am
Page 2 / 2