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 Maryland Agreement Creating Restrictive Covenants refers to a legal document that establishes restrictive covenants in the state of Maryland. Restrictive covenants are contractual agreements that impose certain limitations or restrictions on the use of real property. They are commonly used in real estate transactions to protect property values, prevent competition, and maintain the overall aesthetic appeal of a community. The Maryland Agreement Creating Restrictive Covenants typically contains provisions that outline the specific restrictions and obligations that property owners must adhere to. These restrictions may include the prohibition of certain uses of the property, architectural guidelines, restrictions on building height or size, limitations on exterior modifications, rules regarding the keeping of pets, maintenance requirements, and guidelines for the use of common areas. These agreements are usually created by developers or homeowners' associations to ensure consistency and conformity within a particular neighborhood or development. They are often included in the initial purchase agreement for a property, and subsequent owners are typically bound by the terms and conditions outlined in the agreement. It is important to note that there are different types of Maryland Agreement Creating Restrictive Covenants, depending on the purpose and context of the restrictions. Some common types include: 1. Residential Restrictive Covenants: These agreements are commonly found in residential subdivisions or planned communities and are intended to regulate the use and development of residential properties. They may include rules regarding the type of housing allowed, minimum square footage requirements, restrictions on property alterations, and guidelines for landscaping and maintenance. 2. Commercial Restrictive Covenants: These agreements are typically used in commercial developments and govern the use and operation of commercial properties. They may include restrictions on the types of businesses that can operate within the development, limitations on signage, parking requirements, and guidelines for maintenance and appearance. 3. Mixed-Use Development Restrictive Covenants: In cases where a development combines residential and commercial properties, a mixed-use development restrictive covenant may be used. These agreements aim to establish rules and restrictions that apply to both residential and commercial aspects of the development, ensuring compatibility and harmony between the different uses. It is important for property owners and potential buyers to carefully review and understand the Maryland Agreement Creating Restrictive Covenants before entering into any real estate transaction. Failure to comply with the terms and conditions outlined in the agreement can result in legal consequences, such as fines or legal action. Additionally, modifications to the covenants may require the consent of all parties involved and might involve legal procedures.
