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 New Jersey Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the rules and restrictions governing a particular subdivision or community located in New Jersey. These declarations are typically created and enforced by homeowners associations or development corporations to ensure the orderly development and maintenance of the subdivision. Keywords: New Jersey, Amended and Restated Declaration, Covenants, Conditions, Restrictions, Subdivision There may be different types of the New Jersey Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision, depending on the specific subdivision or community it applies to. Some common types include: 1. Residential Subdivision Declaration: This type of declaration is commonly used for residential subdivisions and sets forth the rules and regulations that homeowners must abide by. It may include provisions regarding property usage, architectural restrictions, maintenance responsibilities, and community amenities. 2. Commercial Subdivision Declaration: In the case of commercial subdivisions, the declaration may outline specific restrictions and requirements for businesses and owners within the subdivision. It could address signage guidelines, parking regulations, business activities, and obligations for maintaining common areas. 3. Mixed-Use Subdivision Declaration: This type of declaration applies to subdivisions that combine residential and commercial properties. It may encompass regulations for both residential and commercial aspects, ensuring harmonious living and business operations. 4. Vacation or Resort Subdivision Declaration: Certain subdivisions in New Jersey operate as vacation or resort destinations. The declaration for such areas may have additional provisions related to short-term rentals, resort-specific amenities, and usage restrictions to maintain the desired atmosphere. The New Jersey Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision serves as a legally binding contract between the homeowners or property owners within the subdivision and the governing entity, whether it be a homeowners association or a development corporation. Violations of these governing documents can result in penalties or other consequences for the property owners. It is important for prospective buyers or residents to carefully review the New Jersey Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision before purchasing or renting a property within the subdivision. Understanding the rules and restrictions in advance allows individuals to make informed decisions about whether the subdivision aligns with their lifestyle and preferences.
