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Does Linden Labs enforce private estate covenants?

Amity Slade
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Join date: 14 Feb 2007
Posts: 2,183
11-09-2007 19:21
I "bought" 8000 sq m some months ago from a private sim holder. I actually chose the land because I liked the covenant restrictions (assuring me of having a certain type of "neighborhood.";) I have learned today that he has sold all of his sims to another person. I received an IM from the new owner that I assume was sent out to all residents in the sims he bought. In the IM, he promises no major changes, but indicates that he intends to change the covenant.

Does Linden Labs provide any sort of recourse for this situation, in which a sim owner sells land under one covenant, and then decides to unilaterally change the covenant?

Of course, in real life, one cannot unilaterally change the terms of a contract, and by extension, if one sells his contractual rights/obligations to another, the purchaser of his contract rights/obligations cannot unilaterally change the contract. The covenant is a contract. But there's not really anything I can do about it unless I can count on help from Linden Labs to enforce the covenant.

(Ironically, the original sim owner, about a month or so ago, sent out an IM stating that the sudden extra VAT taxes would not prevent him from continuing to operate the sims without raising tier fees.)
Joseph Worthington
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Join date: 29 Jul 2006
Posts: 563
11-09-2007 19:22
Nope.
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Reitsuki Kojima
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Join date: 27 Jan 2004
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11-09-2007 19:26
Bwaahahahahahahaahaha.

No.
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Xplorer Cannoli
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11-09-2007 19:39
Consider this an opportunity to work with a new estate owner. You never know, it may actually improve your situation or reduce your rates.
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Miko Masukami
Retired Mistress
Join date: 13 Sep 2006
Posts: 90
11-09-2007 19:40
And people constantly question me as to why I bought mainland...
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Alicia Sautereau
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Join date: 20 Feb 2007
Posts: 3,125
11-09-2007 19:43
covenant is NOT a contract, it`s a set of rules u must follow to be allowed to use/stay on that particular sim
Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
11-09-2007 20:02
My Webster's Dictionary is a bit old, but under covenant, I find two definitions: "an agreement, usu. formal, between two or more persons to do or not to do something specified," and, "a formal agreement of legal validity, esp. one under seal."

In the context of property law, "covenant" has a specialized meaning, as in a "covenant running with the land." That kind of covenant is a contract is created with the initial sale of land, and runs with subsequent transfers of said land, binding whomever owns the land.

Thus, if that text box in the "convenant" tab is not intended to be a covenant, then the tab shouldn't be called "covenant."
Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
11-09-2007 20:25
From: Amity Slade

In the context of property law, "covenant" has a specialized meaning, as in a "covenant running with the land." That kind of covenant is a contract is created with the initial sale of land, and runs with subsequent transfers of said land, binding whomever owns the land.


Unfortunately, property law doesn't apply, since you didn't buy any land; you bought a changed database entry on a server. :(
Plato Cochrane
Registered User
Join date: 25 Oct 2006
Posts: 234
11-09-2007 20:26
Expect no support whatsoever from Linden Labs to enforce that old covenant. Islands have some key advantages, but you are experiencing one of the major disadvantages. You have no control and no rights except what the island owner chooses to give you. For that reason I think one should only rent from islands and never, ever "buy" any land on them. Yes, there are plenty of great island owners but you never know when someone finally gets sick of SL and decides to pull out--as in your case. Don't get hung up on the word "covenant" that is just a word LL throws around and it means nothing. Just like the Linden dollar is often called a "currency" but its not legally.

On the flip side, its hard to get renters in today's market so I'm guessing the new owner isn't gonna do anything extreme to make you move--unless he or she intends to pay the $295 tier fee all by themselves. If I were the new owner I would take pains to make the current residents feel secure. I wouldn't stress.
Colette Meiji
Registered User
Join date: 25 Mar 2005
Posts: 15,556
11-09-2007 20:38
From: Reitsuki Kojima
Bwaahahahahahahaahaha.

No.


QFT

QFE

Quoted cause its a damn shame.
Raymond Figtree
Gone, avi, gone
Join date: 17 May 2006
Posts: 6,256
11-09-2007 20:58
This is why it's important to go with an established and respected estate owner. Everyone knows my list by now...
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Darien Caldwell
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Join date: 12 Oct 2006
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11-09-2007 21:53
everyone except perhaps the OP. :)
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Raymond Figtree
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Join date: 17 May 2006
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11-09-2007 22:20
From: Darien Caldwell
everyone except perhaps the OP. :)
Hello there, person on my trusted estate owners list. :waves:
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Steve Mahfouz
Ecstasy Realty
Join date: 1 Oct 2005
Posts: 1,373
11-09-2007 23:20
Of course you know by now the answer is no. As Raymond said, you have to go with private estate owners (like me) who uphold their land covenants. I regard the land covenants as a formal legal contract between myself and my renters, despite the fact that LL will not enforce it. Unfortunately, I think in our litigious age, any landowner can be sued for any reason, so the Land Covenants is your best security as a renter and the landowner's best defense against lawsuits.
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Caroline Ra
Carpe Iugulum
Join date: 20 Dec 2006
Posts: 400
11-09-2007 23:32
Even an established and respected estate owner can pop their clogs and die.

On estate there really IS no guarantee that you'll always own land, that goes for land bought from LL also, as has been stated on forum ad nauseum.

I always dread seeing the threads that start something like....'estate owner took my land' not just because it means an unhappy resident but also because all it seems to do is encourage a back slapping fest from other estate owners.

I feel a 'covenant' in its SL capacity are a set of rules that are agreed to between a group people.

Maybe the OP could approach the present owner and ask the name of the new owner and contact them to ask what their plans for the estate are.
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Steve Mahfouz
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11-09-2007 23:39
From: Caroline Ra
Even an established and respected estate owner can pop their clogs and die.


Precisely one of the reasons I don't "sell" estate land. "Nuff said.
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Raymond Figtree
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Join date: 17 May 2006
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11-10-2007 01:15
From: Caroline Ra
Even an established and respected estate owner can pop their clogs and die.
So could the hamster that powers the Grid...:)
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Chas Connolly
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Join date: 24 Jan 2007
Posts: 1,433
11-10-2007 02:34
From: Raymond Figtree
So could the hamster that powers the Grid...:)


I read somewhere they were using an octopus now.
Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
11-10-2007 02:55
Wouldn't it be better to see what changes occur before worrying too much?

LL change their TOS, owners change covenants and reserve the right to change covenants. Even respected landlords may at some point change their covenant.
Accasbel Barrymore
Registered User
Join date: 24 Dec 2006
Posts: 33
11-10-2007 02:59
From: Raymond Figtree
So could the hamster that powers the Grid...:)


If the hamster pops, we all pop - estate owners included.
- That's an observation by the way, and not a threat :)

If an estate owner pops, the hamster barely notices. The tenants notice.

I prefer to feed the hamster directly.


If a Big Linden pops, Corporate Linden continues.
If one of a Mom_and_Pop pops, the RL survivors (if any) might not want to or be able to keep things going in SL.


However, if SL is for fun, then it's not impossible that a Mom_and_Pop estate might offer more fun than buying mainland.
Tegg Bode
FrootLoop Roo Overlord
Join date: 12 Jan 2007
Posts: 5,707
11-10-2007 03:57
Because you are just renting, you caqn just stop paying him and leave at any time, unless by 'bought' you mean you paid a lump sum for the "priviledge" of renting.
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Ciaran Laval
Mostly Harmless
Join date: 11 Mar 2007
Posts: 7,951
11-10-2007 04:00
From: Tegg Bode
Because you are just renting, you caqn just stop paying him and leave at any time, unless by 'bought' you mean you paid a lump sum for the "priviledge" of renting.


Like the lump sum I paid to rent on mainland?
Raymond Figtree
Gone, avi, gone
Join date: 17 May 2006
Posts: 6,256
11-10-2007 07:17
From: Ciaran Laval
Like the lump sum I paid to rent on mainland?
yes, but at least you can get L$7.1 a meter almost instantly for your mainland should you choose to leave it today.

I "rent" a full mainland sim from LL. I sleep pretty good at night. Much better than I would if I was renting a full estate.
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Avion Raymaker
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Join date: 18 Jun 2007
Posts: 980
11-10-2007 07:35
From: Caroline Ra
Even an established and respected estate owner can pop their clogs and die. .


I won't hold death against someone as a reason not to trust them, but what happens about every 15 seconds somewhere out there is an owner runs out of money, loses interest, loses their account, loses their job, moves away in RL, gets kicked out of his mom's basement, or any combination of the above.

From: Caroline Ra

I always dread seeing the threads that start something like....'estate owner took my land' not just because it means an unhappy resident but also because all it seems to do is encourage a back slapping fest from other estate owners.


My sentiments exactly. I get nauseated every time this weekly thread turns into an infomercial. We seem to have avoided that this week, but it did degenerate into another mainland vs. estate "your way is just as untrustworthy as mine" thread. Tune in to see where next week's "I got screwed by an estate owner" thread goes.
Raymond Figtree
Gone, avi, gone
Join date: 17 May 2006
Posts: 6,256
11-10-2007 08:06
From: Avion Raymaker
I get nauseated every time this weekly thread turns into an infomercial. We seem to have avoided that this week, but it did degenerate into another mainland vs. estate "your way is just as untrustworthy as mine" thread. Tune in to see where next week's "I got screwed by an estate owner" thread goes.
I like to keep people guessing by defending reputable estate owners when the only thing I offer is Mainland rentals. But I agree, this topic has been beated to death almost as much as the "Is it Cheating" genre. :)
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