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.
Covenants Form With Covenants In Riverside
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State:
Multi-State
County:
Riverside
Control #:
US-00404BG
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Word;
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FAQ
The County Administrative Center is located at 4080 Lemon Street in Riverside. Residents can call (951) 955-1000 or 2-1-1 for more information on county services and departments.
This can usually be found on the Title Register, which is held at the Land Registry. The covenants are sometimes passed down with the land, which can mean that even when the land is sold, any restrictions will still apply to the new owner.
Recorder Offices County Administrative Center. 4080 Lemon St, 1st floor / PO Box 751, Riverside, California 92501 / 92502-0751. Gateway Office. 2724 Gateway Dr, Riverside, California 92507. Hemet Office. Palm Desert Office. Temecula Office. Blythe Office.
It might seem like a long time. But remember good things come to those who wait. The first step isMoreIt might seem like a long time. But remember good things come to those who wait. The first step is to prepare the deed. This involves drafting the document. Getting it notarized.
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.
To submit the completed Quitclaim Deed, ensure all fields are accurately filled and the deed is notarized. Mail the original document to the Riverside County Recorder's Office at 2724 Gateway Drive, Riverside, CA 92507. You may also submit in person at the same address.
Get to know Peter Aldana, the Assessor-County Clerk-Recorder for the County of Riverside.
Recorder Offices County Administrative Center. 4080 Lemon St, 1st floor / PO Box 751, Riverside, California 92501 / 92502-0751. Gateway Office. 2724 Gateway Dr, Riverside, California 92507. Hemet Office. Palm Desert Office. Temecula Office. Blythe Office.
A real covenant is only enforceable if it was created intentionally, it relates to the property in question, and two kinds of privity are established. Additionally, a real covenant must be in writing. The party capable of enforcing the covenant depends on whether the burden or the benefit runs with the land.