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 New Mexico Agreement Creating Restrictive Covenants is a legal document that outlines the terms and conditions for imposing restrictions on certain properties or land located in the state of New Mexico. These restrictions are commonly referred to as "restrictive covenants" and serve to regulate the use and development of the affected properties. The agreement typically includes detailed provisions and limitations that the property owners must adhere to in order to maintain the desired character and quality of the neighborhood or community. These agreements are commonly used in planned communities, residential neighborhoods, or commercial developments to ensure consistency in design, aesthetics, and land use. The New Mexico Agreement Creating Restrictive Covenants can encompass various types depending on the specific requirements and objectives of the property developers or homeowners' associations. Some common types of these agreements include: 1. Residential Covenants: These covenants are typically applicable to residential neighborhoods and aim to maintain a specific standard of living for the residents. They may include restrictions on property use, architectural design guidelines, limitations on property modifications, or rules regarding landscaping, parking, or outdoor structures. 2. Commercial Covenants: These covenants are designed for commercial or mixed-use developments and focus on ensuring a certain level of quality, aesthetics, and functionality in the business establishments. They may include restrictions on types of businesses allowed, signage regulations, parking requirements, or limitations on building heights and setbacks. 3. Conservation Covenants: These covenants are utilized to protect natural resources, open spaces, or sensitive ecological areas. They may include restrictions on development density, guidelines for land preservation, or limitations on land used to maintain the ecological balance or prevent environmental degradation. 4. Subdivision Covenants: These covenants are commonly used in large-scale residential developments where the land is divided into individual lots or parcels. Subdivision covenants focus on maintaining uniformity and harmonious development throughout the community. They often include regulations on architectural style, minimum building sizes, setbacks, and required amenities. Overall, the New Mexico Agreement Creating Restrictive Covenants is a crucial legal instrument that helps govern the use, appearance, and development of various types of properties throughout the state. Property owners and developers must abide by these covenants to ensure the desired aesthetics, community standards, and overall value of the affected properties are upheld.
