The document discusses the historical practice of allowing past property owners to impose use limitations on real property through covenants and fee defeasible estates, a practice that has evolved alongside zoning laws. Thomas Jefferson opposed this practice, arguing that it unfairly allows deceased owners to control land use, but the Virginia legislature upheld it. The document prompts reflection on whether such restrictions should persist and the role of government in regulating private land use.

1. Under the common law, from the 1500's until today, the law has
allowed past property owners to place limitations on the uses of
real property in the future through the use of covenants
(promises) as set forth in real property deeds as well as use of
the fee defeasable estates (i.e. "To John Doe, so long as the
property is used as a tobacco farm") and the evolution of zoning
statutes and practice. Thomas Jefferson argued vehemently that
no past owner of real property (dead or alive) should be allowed
to restrict a future owner of real property concerning its present
use; however, the Virginia State Legislature disagreed with him
and land use limitation continues today. Jefferson described this
practice as "Allowing the dead to control the lands of the
living."
Was Jefferson right, or should we maintain the practice of
allowing past property owners to place land use limitations in
deeds of lands sold or gifted? Further, should the government be
allowed to determine how a private property owner uses his/her
respective land?