South Carolina Covenants: A Comprehensive Overview of Types and Key Features In South Carolina, covenants play a crucial role in governing various aspects of real estate properties. These legally binding agreements impose certain obligations, restrictions, and rights on property owners and are established to maintain the quality, aesthetics, and overall value of communities. Here, we provide a detailed description of South Carolina covenants, highlighting their importance, types, and significant keywords associated with each. 1. South Carolina Restrictive Covenants: The most common type of covenant in South Carolina is the restrictive covenant, which seeks to regulate the use and appearance of properties within a particular community or neighborhood. These covenants often control factors such as: — Architectural guidelines: Dictating the types of construction, building materials, and design aesthetics that are permitted within the community. — Landscaping standards: Specifying guidelines for maintaining lawns, trees, hedges, and gardens to ensure a uniform and pleasing appearance. — Home occupation guidelines: Outlining limitations on businesses operated within a residential property. — Noise restrictions: Prescribing acceptable noise levels to maintain a peaceful atmosphere. — Pet regulations: Establishing rules regarding pet ownership, leash requirements, and limitations on certain breeds. — Parking restrictions: Defining parking rules to prevent congestion and maintain order. — Rental or lease restrictions: Imposing limitations on the ability to rent or lease a property within the community. 2. South Carolina Neighborhood Association Covenants: In some cases, South Carolina neighborhoods may have a neighborhood association, which is an organization that enforces covenants and oversees community-related matters. Neighborhood association covenants may include additional provisions, such as: — Membership requirements: Outlining the obligations and benefits of belonging to the association. — Assessment fees: Specifying the amount and frequency of fees to maintain common areas, amenities, or services within the community. — Maintenance responsibilities: Defining the responsibilities of property owners versus the association for repairing and maintaining common areas, such as parks, pools, or recreational facilities. 3. South Carolina Condominium Covenants: Condominiums in South Carolina have their specific set of covenants tailored to address the unique characteristics and shared spaces found within these types of properties. Condominium covenants often cover areas such as: — Unit boundaries: Clearly defining the boundaries and ownership rights of individual units. — Common area regulations: Outlining how common areas like hallways, lobbies, or parking lots are managed and maintained collectively. — Financial obligations: Establishing rules for financial contributions by individual unit owners towards shared expenses (e.g., repairs, renovations, insurance, or utilities). Important keywords associated with South Carolina covenants include: restrictive covenants, neighborhood association, architectural guidelines, landscaping standards, home occupation, noise restrictions, pet regulations, parking restrictions, rental or lease, neighborhood association covenants, membership requirements, assessment fees, maintenance responsibilities, condominium covenants, unit boundaries, common area regulations, financial obligations, property owners, and legal obligations.
South Carolina Covenants
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The courts require employers to narrowly tailor the agreements to that it is confined in geography and time in addition to being necessary to protect the business interest. All that to say that noncompetes are enforceable in South Carolina so long as that correct touch is applied when drafting the agreement.
Restrictions travel with the deed, and cannot generally be removed by new owners. Also, deed restrictions/covenants may have specified expiration dates or they may never expire, depending on how the document is written.
A registered restrictive covenant is recorded on the title of the burdened land but is not recorded on the title of benefiting land. If the benefited land has been subdivided and re-subdivided, you might need to search the original plan of the subdivision and earlier titles to identify the benefited owners.
Be specific: Courts tend to enforce restrictive covenants that are tailored to the specific customers or accounts of the employer or business. Include an itemized list of accounts or clients that the employee is required not to solicit or contact, and then limit that to a reasonable timeframe.
Finally, while your HOA can't place restrictive covenants that violate state or federal laws, they can still limit your rights within reason.
A covenant not to execute "is a promise not to enforce a right of action or execute a judgment when one had such a right at the time of entering into the agreement." 76 C.J.S. Release 4 (1994). It is merely a contract and not a release.
Key Takeaways. Restrictive covenants are clauses that prevent, prohibit, restrict, or limit the actions of a person or entity named in a contract. Restrictive covenants are common in real estate transactions and apply to everything from the colors you can paint your house to how many tenants can live in a building.
They are usually created in a deed between two parties, with one party agreeing to restrict the use of its land in a certain way for the benefit of another's land. For registered properties, any covenants affecting the property will be stated in the title.
