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 Missouri Agreement Creating Restrictive Covenants refers to a legal agreement that is commonly used in the state of Missouri to impose certain limitations or restrictions on the use and development of a property. This agreement is often utilized in the field of real estate to maintain the desired quality, character, and value of a particular area or neighborhood. Restrictive covenants are provisions included in the agreement that restrict or regulate how a property can be used, developed, or modified. These covenants are typically put in place to protect the interests of property owners and maintain the aesthetic appeal, privacy, safety, and overall desirability of a particular community. The Missouri Agreement Creating Restrictive Covenants can be tailored to meet the specific needs and requirements of a particular development or community. Therefore, there are different types of these agreements that can be utilized depending on the desired restrictions and objectives. Some common types of Missouri Restrictive Covenants include: 1. Architectural Covenants: These covenants regulate the architectural style, design, and appearance of buildings and structures within a development. They may specify requirements such as minimum square footage, architectural materials, colors, roof types, and exterior finishes. 2. Land Use Covenants: These covenants govern the permitted uses of the property, including whether it can be used for residential, commercial, or mixed purposes. They may also restrict the presence of specific types of businesses, industrial activities, or agricultural uses. 3. Maintenance Covenants: These covenants establish obligations for property owners regarding the ongoing maintenance, repair, and upkeep of their properties. They may require regular landscaping, exterior maintenance, removal of debris, or periodic inspections to ensure compliance with established standards. 4. Environmental Covenants: These covenants address environmental considerations and may include provisions related to conservation, protection of natural resources, waste disposal, or limitations on certain activities that could have detrimental effects on the environment. 5. Access and Use Covenants: These covenants regulate access to and use of common areas or facilities within a development, such as parks, pools, or recreational areas. They may establish rules and guidelines for the use of these amenities and restrict access to certain individuals or groups. 6. Nuisance and Noise Covenants: These covenants aim to minimize noise levels and prevent nuisance activities that could disturb the peace and tranquility of a community. They may restrict the use of loud equipment, prohibit excessive noise during specific hours, and limit the presence of potentially disruptive activities, such as large gatherings or commercial operations. The Missouri Agreement Creating Restrictive Covenants serves as a legally binding document that outlines the terms and conditions, obligations, and restrictions that property owners must adhere to. It is an essential tool in promoting the overall vision and goals of a development while protecting the rights and interests of property owners within that community.
