In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
A restrictive or protective covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. For example, when a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded. Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
Restrictive Covenants By The Transferee In Maricopa
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Maricopa
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US-00404BG
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Maricopa County Recorder's Office has two full service offices to record your quitclaim deed. The main office is located in downtown Phoenix. The Southeast office is in Mesa, Arizona.
Arizona law requires notarization for the deed to be valid. File with the County Recorder: Once notarized, the quitclaim deed must be filed with the county recorder's office where the property is located. This step is crucial as it makes the deed part of the public record and completes the transfer process.
– Quitclaim Deed: This deed transfers the grantor's interest in the property without any warranties or guarantees. It is often used for transfers between family members where the grantor may not want to warrant the current status of title.
The quitclaim deed must identify both the grantor and the grantee or the person or entity receiving the interest in the real estate by name. Finally, one of the parties must record the quitclaim deed at the local county recorder's office so that it becomes an official document.
Quitclaim deed transfers are ideal for: transferring property interest between family members, such as a parent to a child. transferring property between married persons, as is the case when one party brings property into the marriage.
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.
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.
Restrictive Covenants, Explained This restricts how homeowners can manage and modify their land. Examples include restrictions on fence options, the type of animals allowed and the use of outbuildings, such as sheds.
The three types of covenants are positive, negative, and financial. Each contains a unique set of requirements and stipulations. Positive and negative covenants are not interchangeable as good or bad but rather refer to what borrowers can or cannot do.
In the United States, employers generally use four types of restrictive covenants: (1) covenants not to compete for a certain period of time following the employee's termination from employment (or following a business transaction such as a sale, merger, etc.); (2) covenants not to solicit customers or clients for a ...
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Below you will find the recorded documents from each county in the state of Arizona that effectively voids discriminatory restrictive covenants in deeds. How do I fill out the Notice of Claim form?This constraint, known as a deed restriction, places limitations on specific aspects of how an owner may use their residence, building, or land. For questions regarding the administrative regulations, please contact Administrative Regulations. "Permitted use" means any use allowed in a zoning district and subject to any restrictions applicable to that zoning district. 1.3 Public Housing Authority. Upon entering into an Annual Contributions Contract (ACC) with HUD, the Housing Authority of Maricopa. "Record" shall mean record in the official records of Maricopa County, Arizona. A. Declarant is the owner of that certain real property located in the. Whom must be familiar with insurable replacement costs in the Maricopa County, Arizona area.