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.
The North Carolina Amended and Restated Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Subdivision is a legal document that outlines the rights, obligations, and restrictions imposed upon homeowners within a particular subdivision or community in North Carolina. These CC&Rs serve as a governing document that helps maintain and enhance the quality, aesthetics, and overall value of the properties within the subdivision. The CC&Rs address various aspects related to property usage, maintenance, and community development. They aim to promote a harmonious and cohesive living environment while ensuring fair treatment and protection of property rights. These legally binding restrictions help maintain property values, prevent inappropriate land use, and ensure the welfare of the community as a whole. Some common areas covered by the North Carolina Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision include architectural guidelines, land use restrictions, maintenance responsibilities, enforcement procedures, and regulations for common amenities and facilities. These regulations are put in place to maintain a standard aesthetic appeal, preserve property values, and maintain a consistent architectural style throughout the subdivision. Architectural guidelines may include details such as the types of materials allowed, color schemes, sizes, and styles of structures. These guidelines ensure the overall appearance of the subdivision is consistent, promoting an attractive and welcoming environment. The land use restrictions within the CC&Rs dictate the acceptable uses of the properties within the subdivision. These restrictions may limit certain activities such as commercial ventures, home-based businesses, or specific types of livestock. By doing so, the neighborhood maintains a primarily residential character, preventing any potentially disruptive or incompatible use of properties. Maintenance responsibilities outlined in the CC&Rs typically allocate certain tasks to individual homeowners or the homeowner's association (HOA). These tasks may include exterior property maintenance, landscaping, snow removal, or repairs. Clear guidelines help homeowners understand their obligations and contribute to the overall maintenance of the subdivision. Enforcement procedures described in the CC&Rs ensure compliance with the established rules and regulations. These procedures outline the steps that can be taken should a violation of the CC&Rs occur, including warnings, fines, or legal actions if necessary. Enforcing the CC&Rs helps maintain the desired quality of life and protect property values within the subdivision. It is important to note that different subdivisions may have their own unique and specific Amended and Restated Declaration of Covenants, Conditions, and Restrictions. These variations can arise due to the size, location, or specific needs of the community. Some subdivisions may have additional restrictions related to amenities like swimming pools, parks, or golf courses. Others may have more specific regulations regarding the use and maintenance of natural resources or conservation areas. These specific CC&Rs are designed to address the unique characteristics and requirements of each individual subdivision while still aligning with the overall principles and legal framework of North Carolina.
