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 following form shows one way in which Restrictive or Protective Covenants may be amended.
The Mississippi Amendment to Protective Covenant refers to a legal document or provision that aims to modify or alter an existing protective covenant within a specific geographic area in the state of Mississippi. A protective covenant, also known as a restrictive covenant or deed restriction, is a legal tool primarily used in real estate to restrict or regulate the use and development of properties. The Mississippi Amendment to Protective Covenant is designed to introduce changes to the original terms and conditions laid out in the initial protective covenant agreement. These changes may be necessary due to evolving circumstances, changes in local regulations, community requirements, or alterations desired by property owners within the designated area. There are various types or categories of Mississippi Amendments to Protective Covenant, depending on the specific alterations being made. Some common types include: 1. Zoning Amendment: This type of amendment typically includes modifications related to land use, allowable property use, density, setbacks, parking requirements, or building heights within the protected area. These amendments may be proposed to adapt to changing neighborhood dynamics, improve the suitability of land use regulations, or accommodate new development plans. 2. Architectural and Design Amendment: This amendment focuses on altering requirements related to the design, style, or appearance of buildings within the protected area. It may include changes to materials, colors, landscaping, or architectural styles. The objective of such an amendment is to maintain or enhance aesthetic standards and architectural cohesion within the community. 3. Use Amendment: This type of amendment allows for adjustments or additions to the list of permitted or prohibited activities within the protected area. For example, it might modify restrictions on commercial activities, short-term rentals, home offices, or the inclusion of certain amenities like swimming pools, tennis courts, or fences. 4. Environmental Amendment: These amendments are introduced to incorporate or update environmental standards within the protected area. This may involve the inclusion of regulations concerning stormwater management, preservation of natural features, protection of wildlife habitats, or restrictions on the use of hazardous chemicals or substances. Property owners or homeowner associations usually propose amendments to the protective covenants. The procedure for passing amendments may vary but typically involves notification, consultation, and voting by the affected property owners. Once approved, the Mississippi Amendment to Protective Covenant becomes legally binding and enforces the revised terms and conditions. In summary, the Mississippi Amendment to Protective Covenant is a legal instrument utilized to modify existing protective covenants within a designated area in Mississippi. These amendments can cover a wide range of changes, including zoning, architectural design, land use, or environmental regulations, depending on the specific needs and requirements of the community or property owners involved.
