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 Indiana Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a particular subdivision or community in the state of Indiana. This document is vital in maintaining the overall quality and integrity of the neighborhood, ensuring that residents abide by a set of guidelines that promote peaceful coexistence and property value preservation. The specifics of an Indiana Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision can vary depending on the particular community or development. Some common types of declarations include: 1. Residential Subdivision Declarations: These declarations are typically associated with residential neighborhoods or subdivisions, outlining rules related to property use, architectural standards, maintenance responsibilities, and other guidelines aimed at creating a harmonious living environment for all residents. 2. Commercial Subdivision Declarations: These declarations are applicable to subdivisions or communities with commercial properties, such as office parks or retail complexes. They may include provisions regarding usage restrictions, signage regulations, landscaping requirements, and common area maintenance obligations. 3. Mixed-Use Subdivision Declarations: Mixed-use developments encompass a combination of residential, commercial, and sometimes even industrial properties. As such, the associated declaration may contain a broader range of provisions that cater to the needs of multiple property types, delineating guidelines for both the residential and commercial aspects of the subdivision. 4. Planned Unit Development Declarations: A Planned Unit Development (PUD) is a unique type of development where a combination of residential, commercial, and recreational areas are thoughtfully integrated. The declaration for a PUD may outline specific design standards, land use requirements, architectural guidelines, and shared amenity provisions. The Indiana Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision typically covers various essential aspects, including but not limited to: 1. Architectural Control: Guidelines for property aesthetics, including building materials, colors, styles, and landscaping requirements to maintain a cohesive look within the subdivision. 2. Property Use and Restrictions: Specify the permitted uses of the properties within the subdivision, such as residential or commercial purposes, and any limitations to prevent incompatible activities that could negatively impact the community. 3. Maintenance Responsibilities: Establish responsibilities for property owners regarding maintenance and upkeep of their lots, common areas, and shared facilities or amenities. This includes provisions for landscaping, sidewalk maintenance, and common area repairs. 4. Assessments and Dues: Disclosure of the financial obligations and assessments property owners must contribute to cover the costs associated with maintaining the subdivision's amenities, infrastructure, and shared services. 5. Enforcement and violation procedures: Outlines the measures that can be taken in the case of non-compliance with the declaration's provisions, such as fines, warnings, or legal actions. It also explains the role of a homeowners' association, if applicable, in enforcing compliance. In summary, an Indiana Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a comprehensive legal document that details the rules and regulations governing a specific subdivision or community within Indiana. These declarations aim to create a harmonious living or working environment for residents, while also preserving property values and ensuring that the community's overall vision and standards are upheld.
