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 South Dakota Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the rules, regulations, and obligations pertaining to a specific subdivision or residential development in South Dakota. This document serves as a binding contract between the homeowners or property owners within the subdivision and establishes a framework for maintaining the quality and standards of the community. The South Dakota Amended And Restated Declaration Of Covenants, Conditions, and Restrictions for Subdivision typically covers a wide range of elements that are integral to the functioning and overall character of the subdivision. These elements may include but are not limited to: 1. Architectural Control: This section details any requirements or restrictions related to the design, construction, and alteration of structures within the subdivision. It may specify guidelines for the use of certain materials, colors, landscaping, and other aesthetic considerations. 2. Land Use: The document may outline specific limitations or permissions regarding land use within the subdivision. It can address aspects such as zoning regulations, the allowance or prohibition of certain activities (such as home-based businesses), and the conservation or preservation of natural resources. 3. Maintenance and Upkeep: This section lays out the responsibilities of property owners in terms of maintaining their individual lots, common areas, and shared amenities. It can include guidelines for landscaping, lawn care, snow removal, and general property maintenance. 4. Association Governance: If the subdivision has a homeowners’ association (HOA), this section will establish the powers, duties, and membership requirements of the association. It may also detail the process for electing board members, handling assessments and dues, and resolving disputes among homeowners. 5. Restrictions and Use of Property: The document may include restrictions on the use of property, such as prohibiting certain commercial activities, limiting the number and/or type of pets allowed, or implementing noise restrictions to maintain a peaceful environment. 6. Enforcement and Violations: This section defines the procedures for enforcing the covenants, conditions, and restrictions outlined in the document. It may specify the consequences of non-compliance, the authority of the HOA or other designated entity to enforce the rules, and any dispute resolution processes. It is important to note that the specific content of a South Dakota Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision can vary depending on the subdivision's unique characteristics and the needs of its residents. The term "Amended And Restated" indicates that there might have been previous versions of the declaration that have been updated or modified over time in response to changing circumstances or community preferences. (Keywords: South Dakota, Amended And Restated Declaration Of Covenants, Conditions and Restrictions, Subdivision, architectural control, land use, maintenance and upkeep, association governance, restrictions and use of property, enforcement and violations)
