A Protective Covenant With The Land In Phoenix
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FAQ
Covenants, conditions, and restrictions, or CC&Rs, are rules that homeowners within a subdivision must abide by. For instance, a typical CC&R document might say that any structures added to your home must conform to the existing structure in terms of height, material, and color.
A covenant is defined as “an unbreakable agreement between two parties that have joined together as one to support, provide, protect and defend each other.” Psalm 1 (KJV) says, “He hath remembered His covenant for ever, the word which He commanded to a thousand generations.”
They can include restrictions on architectural styles, colors, fence heights, types of landscaping, and prohibitions on commercial use in a residential area, among others. Violating these covenants can result in legal action or fines.
A protective covenant can be used to protect rights while using residential property. The restriction might be put from conducting any business activity on the property like using it for running office or business from the residential property.
Arizona courts have found restrictive covenants to be reasonable and enforceable when they protect some legitimate interest of the employer beyond simply protection from competition.
