BrianL99 |
09-07-2023 06:13 PM |
Quote:
Originally Posted by Randall55
(Post 2254199)
?????? I would never buy dirt, as you call it, without having everything clearly in writing. Here in the Villages, your rights are limited to the deed restrictions. When you sign in ink, you agree to these restrictions. Some argue the meaning/legality of certain sections, but if needed, you have the right to resolve it in court. The same goes for governing bodies. They cannot change a law or your rights without a legal cause to do so. What you have stated is a dictatorship. We abolished that thinking with a document that begins with these famous words:
We hold these truths to be self evident. That all men are created equal. That they are endowed by the creator with certain inalienable rights. That among these are life, liberty, and the pursuit of happiness....
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The Villages is a perfect example of the concept that when buying property, you are buying a "Bundle of Rights" ( Bundle of Rights Definition in Real Estate and What's Included).
When TV bought the land that comprises TV, they bought a "Bundle of Rights". When they sold the land/houses to residents, that bundle became different. TV reserved certain rights (took them out of the bundle and kept them). One of those "rights" they took away before selling the home/lot was everything included in the Deed Restrictions and Covenants.
A simple way to look at it (in reverse), is someone selling the mineral rights to their property, to an exploration company. The deal is, "I keep my land and home, but you Mr. Exploration company, have the right to harvest any diamonds buried under my dirt".
The same thing can happens in reverse. You can sell your land and retain the mineral rights. Just take it out of the "bundle" as TV did with their restrictions.
As for the "Dictatorship", cities, towns and states have an over-riding right and/or obligation to provide for the public good and can implement laws and regulations toward that end. You cannot dump a gallon of used motor oil in you backyard, that would violate the law. You could certainly sue when the state environmental agency stepped in and fined you, but you'd be fighting a losing battle.
Every Congress for the last 40 years, has faced gun control issues. Even the staunchest gun owners and defenders of the 2nd Amendment, have acquiesced to the implementation of *some* gun control laws.
The erosion of personal/individual rights, is well honored tradition of governments everywhere ... that's why we have governments. We make a trade. We give up certain rights to the government and in exchange, they do things for us (like build roads & defend our country).
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