August 9, 2017
What is a Restrictive Covenant?
A Restrictive Covenant is a restriction that is placed on land that limits the uses to which that land can be put. Typically they are created by and recorded by subdivision developers to ensure that the subdivision develops in accordance with a common scheme or purpose.
Types of Limitations
For example, limitations on the uses that parcels in a subdivision can be put like a single family residence. Other examples include architectural controls like colors that can be used or roof materials. There may also be restrictions on animals and livestock.
A set of Restrictive Covenants can set forth the creation of a Homeowner Association. This will detail the duties and powers of that Homeowner Association. In addition, the Restrictive Covenants will set the annual fees and special assessments that the Homeowner Association may levy.
Restrictive Covenants are enforcible against the owners of the lots in perpetuity unless they are rescinded or abolished. By statute, it is required that all potential buyers for a parcel of land in a subdivision with Restricted Covenants must be given a copy of those documents.
At Davis, Upton & Palumbo LLC, we represent many individual property owners when Real Estate issues arise. Our Real Estate Practice Group has developed the reputation of being the “People To Talk To” when it comes to a Real Estate matter. To learn more about our Real Estate services click here or contact us today.