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 Oregon Agreement Creating Restrictive Covenants refers to a legal document that establishes certain limitations on the use or sale of a property. It is designed to protect the interests of property owners and regulate specific activities or behaviors within a defined area. This agreement could be utilized for several purposes, such as maintaining privacy, preserving aesthetic standards, or promoting land development in a cohesive manner. There are various types of Oregon Agreements Creating Restrictive Covenants, each serving a specific purpose and addressing different aspects of property use. Some common examples include: 1. Residential: These types of agreements are commonly used in residential neighborhoods or communities to establish rules and limitations on property use. They may include restrictions on the size and style of buildings, noise levels, parking restrictions, or prohibition of certain activities like home businesses or short-term rentals. 2. Commercial: Commercial agreements creating restrictive covenants are typically utilized in commercial areas where multiple businesses operate. These agreements may regulate signage, noise levels, operating hours, or prohibit certain types of businesses that may be incompatible with the overall character of the area. 3. Conservation: These types of agreements focus on preserving natural resources or protecting sensitive habitats. They may include restrictions on land development, prohibition of certain activities that may harm the environment, or the establishment of conservation easements. 4. Historic Preservation: Historic preservation agreements aim to safeguard historically significant buildings or areas. They may impose restrictions on modifications or alterations to the property, preservation or restoration requirements, or a commitment to maintaining architectural integrity. Regardless of the specific type, Oregon Agreements Creating Restrictive Covenants are legally binding documents that require mutual agreement and understanding among all parties involved. They often require approval from homeowners' associations, zoning boards, or other relevant authorities. These agreements are enforceable by law, and violations could lead to legal consequences or fines.
