Restrictive Covenants For Contractors In Miami-Dade
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A restrictive covenant is a provision in a real property conveyance that limits the grantee's use of the property.
How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
Negotiating limits It's unlikely that you can delete a restrictive covenant from your contract altogether, but depending on the situation and your leverage, you may be able to narrow its scope.
If a deed restriction is not enforceable, you can choose to ignore it and take on the risk of a neighbor filing suit, or you can seek out a judge's ruling to have the covenant removed from the deed. Obtaining that ruling is easier when no one is actively enforcing the covenant.
A restrictive covenant that runs with the land is typically prohibitive in nature, meaning it restricts or limits what a property owner may do with the property. Examples include restrictions such as limitations on building height or prohibition against certain uses (pesticide use, for instance).
Some of the most common restrictive covenants include: Alterations and extensions to the building. Changes to the use of a property, for example, converting a building into flats or turning a house into business premises. Rent and lease restrictions. Limitations on pets. Limitations on home colour.
To officially end the restrictive covenants, it may be necessary to file a lawsuit seeking a declaration from a court that the covenants are no longer enforceable. This can be a complex legal process that may require the assistance of an attorney.
My limited understanding is, restrictive covenants are only enforceable by a home owners association created among them. A local government isn't going to swoop in and enforce, or defend, a covenant that you created on your property. The local government is only concerned with land use ordinance's and state laws.
Contact the Permit Counter at 786-315-2100.
