This section is from the book "Real Estate Principles And Practices", by Philip A. Benson, Nelson L. North. Also available from Amazon: Real Estate Principles and Practices.
Other encumbrances against real property, which, although not liens must be considered, include easements, covenants and restrictions, governmental regulations and proceedings for their enforcement.
Easements are rights of others to have certain uses of one's property. Examples of such are rights to maintain a party wall, right of way for ingress and egress over another's land, right to maintain windows for light and air, and right of drainage across another's property.
Covenants and restrictions arise through agreements contained in deeds or are created by specific agreements between interested parties. Their effect is to limit the use of the property and to provide that certain things may or may not be done with it. Restrictions may specify the character and location of the building to be erected on the land and the uses to which any such building may be put. They are imposed or created to protect the property or neighboring property.
Governmental regulations include such things as the zoning resolutions adopted by a municipality. Under such a resolution, the city is zoned and the use, height, and area of buildings thereafter erected is regulated. The building department, tenement house department, and other governmental authorities regulate the use and occupancy of buildings. While orders issued by these departments are not liens, they should be considered in dealing with real property. Disobedience to the orders may result in an action at law against the property, including a notice of pendency of action filed in the county clerk's office and the possibility of a penalty being imposed.
 
Continue to: