Evening star., 1936-11-21
OWNERS TO FIGHT
FOR RESTRICTIONS
Outer 18th Street Covenant
Violated by Cheap
Buildings.

Close to 80 property owners along
outer Sixteenth street have formed
. pact in an effort to enforce their
property building restrictions since a
number of so-called newcomers"
have erected or started to build homes
costing less than the area demands.
The movement was started, more
or less, by O. W. B. Reed of 7601 Six
teenth street, who built in the area
when Sixteenth street ended at Alaska
avenue. Reed moved into the woods"
years ago and put up what was re-
garded then as a $40 900 home.
A number of investors followed
Reeds example and erected compara-
bic homes. But in recent months de-
velopers who disregard the high-price.
standards already set have come into
the region and begun, according to
Reed, to build homes costing little
for speculative purposes.
Property owners among Reeds as
sociates have taken action in court to
force recognition of the coveant rights
but have found themselves too late
to halt the lower cost construction
that is going on.
Call to Property Owners.
Today Reed issued a call to all Of
the pioneer" property owners to join
with him in forcing the District zon-
ing Commission and the District build
ing inspector to recognize the restric-
tions in the future issuance of per-
mits. Such course. he said, will
save property owners the costs of 60
ing to court.
When purchaser acquires home
in restricted community it follows
that he pays premium for the So
called restriction covenants which run
with the land" Reed said. These
covenants have been we'll worked out
and developed over many years in such
manner as to be legally enforceable,
but they do not enforce themselves.
Speculative builders and non-resi-
dent owners by disregarding price re-
strllctions in deeds, and who succeed
in the erection of building at a
fraction of the restriction or covenant
price, can with impunity thumb their
noses at the heretofore complacent
adjacent property owners, and this
previously prosperous and happy ad-
jacent owner awakens to find that he
has slept on his rights. He no longer
has any rights.
Suit at Beginning.
He should have been somewhat of
bloodhound and discovered much
earlier that there had been a covenant
violation next door and brought suit
to enjoin before the building had
progressed to any appreciable extent.
The rules of equity appear to favor
the transgressor and place a heavy
burden on the party injured by the
violation. Clean hands and no Sleep
ing on rights is strictly required of
the injured party in these cases, while
the violator must be called to account
in the most formal formidable and
legal manner to put him upon proper
notice that he has violated covenant
such as a price restriction, and any
undue delay on the part Of the injured
party is fatal to successful legal
cause Of action in the premises.
Price restrictions in the North Six
teenth street section affected all
generally, on Sixteenth street for
dwelling houses to cost not less than
$17.5o0 each; all other adjacent
streets, not less than $4,000. Rock
Creek Park Estates carry a higher
restriction. These figures apply strict
ly top cost of the dwelling, and they
do not include cost of garage, ground
or other incidental Improvements.
Residents, of these three sections
are pooling their interest, activities
and resources to fight this depression
depreciation of existing property VAL
ues by collective and combined action
in the future"