Abstract
Even though land-use convenants are a pervasive feature in residential land markets, they are typically subsumed into the economist's picture of zoning and related land-use regulation. In contrast to the traditional approach, the premise of this study is that land covenants differ from zoning in important respects. This study examines the characteristics of covenants as an institution and why it exists as a distinct method of private control in land markets. The approach taken here emphasizes the role of credible commitment in explaining why covenants differ from both zoning and private contracts among individuals. The paper also examines why covenants tend to vary spatially within urban areas, presenting two theories to evaluate the evidence from an urban housing market.
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References
Berglas, E. “Quantities, Qualities, and Multiple Public Services in the Tiebout Model.” Journal of Public Economics 25 (1984) 299–322.
Buchanan, J.M. “An Economic Theory of Clubs.” Economica 32 (1965) 1–14.
Cannaday, R.E. “Condominium Covenants: Cats, Yes; Dogs, No.” Journal of Urban Economics 35 (1994) 71–82.
Crigler, A.S. “Some Observations on Building Restrictions.” Louisiana Law Review 41 (1981) 1201–1213.
Ellickson, R.C. “Alternatives to Zoning: Covenants, Nuisance Rules, and Fines as Land Use Control.” University of Chicago Law Review 40 (1973) 683–781.
Ellson, R., and J. McDermott. “Zoning Uncertainty and the Urban Land Development Firm.” Journal of Urban Economics 22 (1987) 209–222.
Fischel, W.A. Do Growth Controls Matter?: A Review of the Empirical Evidence on the Effectiveness and Efficiency of Local Government Land Use Regulation. Cambridge, MA: Lincoln Institute of Land Policy (1990).
Henderson, J.V. “The Impact of Zoning Policies Which Regulate Housing Quality.” Journal of Urban Economics 18 (1985) 302–312.
Hughes, W.T. Jr., and G.K. Turnbull. “Uncertain Neighbomood Effects and Restrictive Covenants.” Journal of Urban Economics, forthcoming (1996).
Jennings, M.M. Real Estate Law, 3 ed., Boston, MA: PWS-Kent (1992).
Lidke v. Martin, 31 Colo. App. 40, 500 p. 2d 1184 (1972).
Miceli, TJ. “Free Riders and Distortionary Zoning by Local Governments.” Journal of Urban Economics 30 (1991) 112–122.
Miceli, T.J. “Optimal Fiscal Zoning that Distorts Housing Consumption.” Journal of Real Estate Finance and Economics 5 (1992) 323–332.
Mills, D.E. “Growth, Speculation and Sprawl in a Monocentric City.” Journal of Urban Economics 10 (1981) 201–226.
Muth, R.F. “Models of Land-Use, Housing, and Rent: An Evaluation.” Journal of Regional Science 25 (1985) 593–606.
Siegan, B.H. Land Use without Zoning. Lexington, MA: Heath-Lexington (1972).
Speyrer, J.F. “The Effect of Land-Use Restrictions on Market Values of Single-Family Homes in Houston.” Journal of Real Estate Finance and Economics 2 (1989) 117–130.
Seidel, G.J. Real Estate Law, 2 ed., St. Paul, MN: West (1989).
Tiebout, C.M. “A Pure Theory of Local Expenditures.” Journal of Political Economy 64 (1956) 416–424.
Turnbull, G.K. “Residential Development in an Open City.” Regional Science and Urban Economics 18 (1988) 307–320.
Turnbull, G.K. “Location and Housing Demand with Endogenous Consumption Risk.” Regional Science and Urban Economics 25 (1994) 543–563.
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Hughes, W.T., Turnbull, G.K. Restrictive land covenants. J Real Estate Finan Econ 12, 9–21 (1996). https://doi.org/10.1007/BF00127763
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DOI: https://doi.org/10.1007/BF00127763