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 Covenant For A Subdivision Can Be Enforced By In Virginia
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HOAs in Virginia have the right to establish reasonable restrictions to maintain property values and ensure uniformity in the community. If a community member violates its rules and regulations, an HOA may impose a fine. In Virginia, a HOA can punish a homeowner for breaking its regulations.
The HOA board is responsible for running the association, including duties such as collecting dues, enforcing the rules, and maintaining the common areas. It is equally important for a board to understand the various HOA laws in Virginia that apply to their communities.
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.
Virginia Property Owners Association Act This act dictates how associations are formed, how they must function, and the ways in which they must comply with the governing documents. It applies to developments subject to a declaration initially recorded after January 1, 1959.
To subdivide a parcel, a citizen or developer must submit a subdivision application and a plat showing the new lots that will be created. Planning reviews the documentation to ensure the new lots meet applicable zoning and subdivision ordinance requirements.
Restrictive covenants in employment agreements (like non-compete and non-soliciation provisions) are disfavored in Virginia and only enforced when narrowly crafted so that the restrictions are no broader than necessary to protect the employer's legitimate business interests.
The Virginia Property Owners Association Act (POAA) provides the primary legal structure for the creation, management, and operation of HOAs within the state. This act dictates how associations are formed, how they must function, and the ways in which they must comply with the governing documents.
HOA: Manages amenities and common areas within the confines of a particular community, which may include parks, pools, or clubhouses. POA: Often oversees larger-scale amenities, such as golf courses, recreational facilities, or expansive common areas that serve multiple neighborhoods.
Restrictive covenants in employment agreements (like non-compete and non-soliciation provisions) are disfavored in Virginia and only enforced when narrowly crafted so that the restrictions are no broader than necessary to protect the employer's legitimate business interests.
All property acquired during the marriage is generally marital property, even if it is wages earned solely by one party or an asset with only one party's name on the title. A major exception to this rule is that property one spouse receives by bequest or inheritance is treated as the spouse's separate property.
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Certificate of Release of Certain Prohibited Covenants. The Supreme Court of Virginia issued an important decision concerning the construction and modification of restrictive covenants.A restrictive covenant is an enforceable clause in a real estate deed or lease that limits how an owner or tenant can use the property. Racial covenants are illegal and nonenforceable, but many are still in the deed books. (2) Restrictive Covenant — Land Developer — Intent. 17 Land Deed 90-260; Land Deed Office, Alexandria City Courthouse, Alexandria, Virginia.