A restrictive 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. 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 deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Guam Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision serves as a legal document that outlines the rules, regulations, and standards for a particular subdivision or community in Guam. It is designed to maintain and protect the quality of life, property values, and overall aesthetic appeal of the subdivision. This comprehensive declaration sets forth various provisions and guidelines that all residents and property owners within the subdivision must adhere to. These guidelines aim to promote harmonious living, property maintenance, and the preservation of the subdivision's unique character. Here are some essential elements commonly addressed in the Guam Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision: 1. Architectural Standards: These standards dictate the specific design, style, and materials that can be used when constructing or modifying properties within the subdivision. They aim to create a cohesive aesthetic throughout the community. 2. Land Use and Zoning: This section outlines permissible land uses within the subdivision, including residential, commercial, or mixed-use areas. It also sets restrictions on activities that could be deemed disruptive or harmful to the community. 3. Maintenance Responsibilities: The declaration defines the obligations of property owners regarding landscape maintenance, property upkeep, pest control, and the repair of any shared amenities or infrastructure such as roads, sidewalks, or recreational areas. 4. Homeowner Association (HOA) Powers: If applicable, the Guam Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision may establish an HOA to manage and enforce the provisions outlined within the document. 5. Common Area Usage: This section governs the usage of common areas, such as parks, swimming pools, tennis courts, or playgrounds, and may include guidelines on reservations, guest policies, and operating hours. 6. Pets and Noise Restrictions: The declaration may outline rules regarding pet ownership, including limitations on the number, type, and size of pets allowed. It may also specify guidelines for noise control to ensure peaceful living within the subdivision. 7. Parking and Vehicle Restrictions: This section establishes guidelines for parking within the subdivision, including limitations on the number of vehicles per household, parking locations, and restrictions on recreational or commercial vehicles. 8. Dispute Resolution: The Guam Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision often includes a section detailing the process and procedure for resolving disputes between residents or property owners. It is crucial to note that the specific content and provisions of the Guam Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision can vary depending on the particular subdivision or community in Guam. Each subdivision may have its own unique requirements and guidelines tailored to address the needs of its residents.
