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.
The following form shows one way in which Restrictive or Protective Covenants may be amended.
A Protective Covenant With The Land In Los Angeles
Category:
State:
Multi-State
County:
Los Angeles
Control #:
US-00405BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
In a covenant that runs with the land, the subsequent landowner of property subject to the covenant will continue being burdened or benefited by the covenant. This is in contrast to a personal covenant, or a covenant that only binds the original parties of the covenant and will not pass to the subsequent parties.
To be eligible for the program, a family's gross annual income must be below 50% of the Area Median Income (AMI) in Los Angeles County. Seventy-five percent of new admissions must have gross annual incomes at or below 30% of the AMI. The U.S. Department of Housing and Urban Development (HUD) determines the AMI yearly.
A Protected Tenant has continuously resided in a rental unit for at least ten years, and is either: (i) 62 years of age or older OR (ii) disabled as defined in Title 42 United States Code Section 423 or handicapped as defined in Section 50072 of the California Health and Safety Code.
Affordable Housing Covenants are agreements between the City of Los Angeles and property developers to offer affordable housing. Property owners get incentives if they reserve a specified number/percentage of their developed units to be offered with affordable rates.
Since 1969, California has required each city and county to plan for its share of the state's housing needs at all levels of affordability. Through the State's Regional Housing Needs Allocation (RHNA) process, each local jurisdiction is assigned a number of new housing units that its land use policies must support.
Redlining is the elephant in the room in our nation's economic history and in the modern conversation about gentrification in Los Angeles. Redlining was a systematic denial of economic investment, largely on the basis of race, that was codified into federal policy in the 1930s.
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.
The primary remedy for breach of a Restrictive Covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.