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If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
Covenant Not to Sue vs. A release is a waiver or relinquishment of a known right. A release of liability will relinquish or destroy the injured party's cause of action. A covenant not to sue, on the other hand, is not a waiver of a known right; nothing is relinquished or destroyed.
Covenants are either personal, restricting only the party who signs the agreement, or they "run with the land," passing the burden along to subsequent property owners. A restriction is simply a limitation on the use of the land.
Restrictive covenants enforce a standard of uniformity across a development. These covenants stop your neighbors from letting their homes fall into decay and lowering your property values. Restrictive covenants also give buyers peace of mind when they purchase a home.
If all parties with the benefit of the restrictive covenant can be identified and found, and they agree to release the restrictive covenant, a deed of release can be negotiated and entered into. The deed will operate to release the land from the burden of the covenant and enable you to develop the land freely.
As part of the agreement to purchase the property, you have to agree to use the property as a residence only; you may not operate a business from the home. You agree to do so and purchase the property. The agreement you made to refrain from using the home as a business is an example of a restrictive covenant.
If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
By Practical Law Property. This standard document is for use where a party agrees to release a restrictive covenant of which it has the benefit. To access this resource, sign in below or register for a free, no-obligation trial.
A Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is a legal document that outlines the rules for a planned community. If you buy a home in a planned community, you generally must become a member of the homeowner association and follow the CC&Rs.