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 South Dakota Agreement Creating Restrictive Covenants is a legal document that establishes certain limitations and restrictions on the use of a property located in South Dakota. This agreement is commonly used in real estate transactions to protect the interests of both property owners and potential buyers. Restrictive covenants are provisions within the agreement that restrict or regulate certain activities or behaviors on the property, such as land use, construction, and property maintenance. These covenants are included to maintain the character, quality, and value of the property, as well as to protect the rights and interests of other property owners within the same development or community. There are several types of South Dakota Agreement Creating Restrictive Covenants that may exist, depending on the specific requirements and objectives of the property and the development. Some common types include: 1. Residential Restrictive Covenants: These covenants are typically applied to residential properties within a planned community, subdivision, or neighborhood. They may regulate matters such as architectural design, minimum square footage of homes, fencing, landscaping, and the presence of certain amenities like swimming pools or tennis courts. 2. Commercial Restrictive Covenants: These covenants are commonly used in commercial developments to regulate the type of businesses that can operate on the property, the hours of operation, signage restrictions, and other factors that may impact the surrounding area or neighboring properties. 3. Mixed-Use Restrictive Covenants: These covenants combine elements of both residential and commercial covenants, allowing for a mixed-use development with a combination of residential units and commercial spaces. They may include a variety of restrictions related to both residential and commercial activities within the development. 4. Agricultural Restrictive Covenants: In rural areas or agricultural communities, this type of covenant may be used to regulate agricultural practices, such as the use of pesticides, livestock regulations, or preservation of farmland. It should be noted that the specific terms and provisions of the South Dakota Agreement Creating Restrictive Covenants may vary depending on the individual circumstances and the preferences of the parties involved. Therefore, it is important to carefully review and negotiate the terms of the agreement to ensure that they align with the intended use and objectives of the property. It is also advisable to seek legal counsel when drafting or entering into such agreements to ensure compliance with South Dakota laws and regulations.
