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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.

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