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 New Hampshire Amendment to Protective Covenant refers to a legal document that allows individuals or entities to make changes or modifications to an existing protective covenant within the State of New Hampshire. A protective covenant is a set of restrictions or conditions that govern the use and development of a specific property or community. The purpose of the New Hampshire Amendment to Protective Covenant is to provide property owners or members of a community association with a mechanism to update or amend the existing rules and regulations that were originally established in the initial protective covenant. This amendment is usually required when circumstances or needs change over time, making it necessary to adapt the restrictions or conditions to current requirements. Some key elements of the New Hampshire Amendment to Protective Covenant include: 1. Property Owners or Association Approval: In most cases, any amendment to a protective covenant must be approved by a specific percentage of property owners or members of a community association. The exact approval threshold may vary depending on the particular protective covenant or community association bylaws. 2. Scope of Changes: The amendment provides the flexibility to modify various aspects of the protective covenant, such as land use restrictions, architectural guidelines, common area maintenance provisions, or assessment procedures. The amendment may allow for additional or revised provisions to meet the changing needs of the property or community. 3. Notice Requirements: The New Hampshire Amendment to Protective Covenant commonly requires that property owners or members of the community association receive advance notice regarding the proposed amendment. This notice must include detailed information about the amendment, its purpose, and the date of the vote for approval. 4. Decoration: Once approved by the required percentage of property owners or association members, the amendment is typically recorded in the County Registry of Deeds where the property is located. This ensures the visibility and enforceability of the amendment. Different types of New Hampshire Amendments to Protective Covenants may exist based on the specific nature of the property or community. For example, residential subdivisions may have their own unique amendments, while commercial or mixed-use developments may have separate sets of amendments tailored to their specific requirements. The specific types and names of these amendments will depend on the particular property or community association involved. It is essential to consult legal professionals familiar with New Hampshire real estate laws to understand the specific types and associated requirements of the amendments within a given protective covenant.
