[Towertalk] deed restrictions
Stu Greene
wa2moe@firstinter.net
Mon, 18 Mar 2002 12:35:18 -0700
At 11:15 AM 3/18/02 -0800, Geo Clute W7LFD wrote:
>Joe, I believe you've missed the point. CC&R's being a contractual
>arrangement between buyer/seller is enforced by the tort laws of the
>U.S. Now those tort laws make no distinctions between the Bill Of Rights
>and the contract signed.
This is why this discussion should appear on the Ham Law Reflector. CC&Rs
are interpreted and adjudicated under basic contract and real property law.
Torts are civil wrongs, such as libel and slander, assault and battery and
the like. Violations of CC&Rs are not torts. In essence they are breaches
of contracts.