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 North Carolina Agreement Creating Restrictive Covenants refers to a legal document that imposes certain limitations or restrictions on the use of property in the state of North Carolina. This agreement typically involves the parties responsible for creating the restrictions and the property owners bound by them. Restrictive covenants are often used in real estate development or neighborhood associations to establish rules regarding the appearance, use, or maintenance of properties within a specific area. These covenants aim to protect property values, maintain a certain aesthetic standard, or ensure compliance with specific regulations. Various types of North Carolina Agreement Creating Restrictive Covenants may exist, depending on the purpose and scope of the restrictions. Some common types include: 1. Residential Restrictive Covenants: These are typically found in housing developments, subdivisions, or residential communities. They may include restrictions on architectural styles, building materials, landscaping, property sizes, or even certain activities such as home-based businesses or short-term rentals. 2. Commercial Restrictive Covenants: These apply to commercial properties or business districts and may regulate the types of businesses allowed, signage, hours of operation, parking, or noise levels. They aim to maintain a cohesive and functional business environment while protecting the interests of nearby businesses or residents. 3. Agricultural or Rural Restrictive Covenants: These are often seen in areas with extensive farmland or rural landscapes. They may limit the use of property for agricultural purposes only, restrict certain types of farming or livestock activities, or establish conservation practices protecting the local environment. 4. Planned Communities or HOA Covenants: These agreements are typically found in planned communities or neighborhoods governed by a homeowner's association (HOA). They establish guidelines on property maintenance, exterior modifications, use of common areas, payment of association dues, and adherence to community rules and regulations. It is important to note that the specific provisions and enforceability of the North Carolina Agreement Creating Restrictive Covenants may vary depending on factors such as local zoning regulations, state laws, and the terms agreed upon by the parties involved. Property owners should thoroughly review and understand the covenants before purchasing or developing a property to ensure compliance with the established restrictions.
