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 Oregon Amended and Restated Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision in the state of Oregon. These CC&Rs are essential for maintaining a harmonious and well-maintained community, protecting property values, and ensuring the enjoyment and peaceful coexistence of all residents within the subdivision. One type of Oregon Amended and Restated Declaration of CC&Rs for Subdivision focuses on residential subdivisions. These CC&Rs typically govern single-family homes, townhouses, or condominiums within the subdivision. They cover a wide range of topics such as property usage, architectural guidelines, maintenance responsibilities, restrictions on certain activities (e.g., noise levels, pet regulations), and enforcement mechanisms for violations. Commercial subdivisions may have their own set of Oregon Amended and Restated Declaration of CC&Rs specifically tailored to the needs and requirements of businesses operating within the subdivision. These CC&Rs typically address issues related to landscaping, signage regulations, parking restrictions, and architectural guidelines for commercial buildings. They may also include provisions for shared amenities or common areas like parking lots or green spaces. In some cases, Oregon CC&Rs for Subdivision may pertain to mixed-use developments, comprising both residential and commercial properties. These CC&Rs strike a balance by accommodating the needs and interests of both residential and commercial occupants within the same subdivision. They cover a wide variety of topics including property usage, architectural guidelines, maintenance responsibilities, shared amenities, parking regulations, and compliance with local zoning and land use regulations. It is important to note that each Oregon CC&Rs for Subdivision is unique and specific to the particular subdivision it governs. Therefore, it is crucial for potential buyers or renters to carefully review and understand these CC&Rs as they form a legally binding agreement upon purchasing or occupying a property within the subdivision. Adhering to the CC&Rs ensures the preservation of property values, consistency in property appearance, and the overall well-being of the community.
