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 following form shows one way in which Restrictive or Protective Covenants may be amended.
The South Dakota Amendment to Protective Covenant refers to a legal instrument that allows individuals or entities to modify or update the terms and conditions of an existing protective covenant. A protective covenant, also known as a restrictive covenant, is a contractual agreement that regulates land use and development within a specific area. The purpose of the South Dakota Amendment to Protective Covenant is to reflect changes, updates, and adaptations to the original covenant that may have become necessary due to evolving circumstances or the needs of the community. This amendment enables property owners or Has (Homeowners Associations) to make adjustments to the restrictions, guidelines, and obligations laid out in the initial covenant. There may be various types of South Dakota Amendments to Protective Covenants, depending on the specific requirements or concerns of the property owners or community. Some common types include: 1. Zoning Amendment: This type of amendment may be required to modify the zoning regulations applied to a certain area within a development or neighborhood. For instance, if there is a need to change certain areas from residential to commercial or vice versa, a zoning amendment can be pursued. 2. Architectural Design Amendment: Property owners may find it necessary to make modifications to the architectural design guidelines within a community. This could include updating the permissible building materials, color schemes, or landscaping requirements. 3. Land Use Amendment: A land use amendment is typically employed when there is a need to modify the approved uses of the land within a protected area. This could involve adding or removing specific activities, such as recreational facilities, agricultural practices, or commercial activities. 4. Density Amendment: In cases where the original covenant restricts the maximum number of residential units that can be built on a property, a density amendment allows for an increase or decrease in the permitted density levels. This could be due to changes in demographics, population growth, or the desire to optimize land utilization. 5. Miscellaneous Amendments: Various other amendments may be required based on the unique circumstances of a particular community. These can include modifications to common area usage, rules and regulations concerning pets, noise restrictions, or parking guidelines, among others. It is important to note that any changes made through a South Dakota Amendment to Protective Covenant are legally binding and may require the approval of the relevant authorities, such as the HOA board, city council, or local planning committee. Registered homeowners within the community may also need to be informed and provide their consent through a voting process before the amendment can be enforced.
