Maine Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision

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Description

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.

Maine Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision or community in the state of Maine. It serves to preserve the quality, character, and overall aesthetics of the subdivision, ensuring a harmonious living environment for all residents. The Maine Amended And Restated Declaration typically addresses various aspects concerning the property and its use within the subdivision. This may include restrictions on architectural design, property maintenance, landscaping, noise levels, and even the type and number of pets allowed. These rules are put in place to protect property values, maintain a certain standard of living, and foster a sense of community among the residents. The content of the Amended And Restated Declaration of Covenants, Conditions and Restrictions can vary depending on the specific subdivision. Different subdivisions may have their own unique set of rules and provisions tailored to their particular needs and preferences. For example, coastal communities may have specific regulations regarding beach access and protection of coastal habitats. Gated communities may have additional security measures and guidelines for visitors. The Maine Amended And Restated Declaration of Covenants, Conditions and Restrictions must be agreed upon and signed by all property owners within the subdivision. Failure to adhere to these regulations may result in fines or other penalties to ensure compliance. Some relevant keywords for the Maine Amended And Restated Declaration of Covenants, Conditions and Restrictions for Subdivision may include: — Subdivision regulation— - Property restrictions — Architectural guideline— - Property maintenance standards — Landscaping requirement— - Pet policies — Noise regulations - Coastal community regulations — Gated community rule— - Neighborhood harmony — Property value— - Community standards In summary, the Maine Amended And Restated Declaration of Covenants, Conditions and Restrictions for Subdivision is a crucial legal document that establishes rules and guidelines for property owners within a specific subdivision or community. It aims to preserve the overall quality of life, property values, and community aesthetics while fostering a harmonious living environment among residents.

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FAQ

Restrictive covenants do not only apply to new build homes. Restrictive covenants can be placed on older properties too. The age of the covenant doesn't necessarily affect its validity. However in some cases, very old covenants are considered unenforceable.

If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.

To do this, you'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation.

What fees will I have to pay? The Lands Chamber is required by law to charge fees. The fee for lodging an application to discharge or modify restrictive covenants is £880. The fee for hearing an application is A£1,100, but this is reduced to A£275 if the Tribunal determines the application without a hearing.

As restrictive covenants don't 'expire', if they are breached the person with the benefit of the covenant can enforce them against you.

Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.

If the covenant is attached to the land it is said to 'run with the land'. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

Although this case relates directly to development of property, it is clear that modifying restrictive covenants of any nature or kind is possible if deemed reasonable in the circumstances by the courts, which will of course be determined on a case-by-case basis.

They are used exclusively for residential properties. They are permanent and unchangeable. If a subdivision is in a zoned area, any restrictive covenants take priority over zoning ordinances to the extent that the covenants are more restrictive than the zoning requirements.

Generally, there is no time limit on when a restrictive covenant can be enforced. Also, some restrictive covenants may be considered unenforceable such as if the original landowner cannot be traced or if the restriction is worded ambiguously.

More info

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Maine Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision