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 Utah Agreement Creating Restrictive Covenants is a legal document used in the state of Utah to establish and enforce certain terms and conditions regarding property ownership. This agreement is typically entered into by two parties, a property owner (referred to as the "Granter") and a party with an interest in the property (referred to as the "Grantee"). The purpose of this agreement is to create restrictive covenants that restrict the use of the property and ensure certain standards are upheld to maintain the value and character of the surrounding area. These covenants are binding on both the Granter and the Grantee, as well as any subsequent owners of the property, and they typically run with the land. There are different types of Utah Agreement Creating Restrictive Covenants, depending on the specific purposes they serve. Some common types include: 1. Residential Restrictive Covenants: These covenants are commonly used in residential neighborhoods or subdivisions. They may include restrictions on the type of structures that can be built, the minimum size of a dwelling, the placement of fences and outbuildings, and restrictions on commercial activities. These covenants are intended to maintain property values, promote a harmonious living environment, and protect the overall aesthetics of the community. 2. Commercial Restrictive Covenants: These covenants are often used in commercial or industrial areas to regulate the activities and uses of the property. They may include restrictions on noise levels, hours of operation, outdoor signage, parking arrangements, or specific types of activities that are not allowed. These covenants aim to ensure that commercial developments are compatible with the surrounding environment and do not negatively impact neighboring properties. 3. Conservation Restrictive Covenants: These covenants are employed to protect natural resources, open spaces, or environmentally sensitive areas. They usually prohibit certain activities like building structures, clearing land, or altering the landscape in a way that might harm the ecological integrity of the area. These covenants are put in place to safeguard the environment, wildlife habitats, or cultural sites of significance. 4. Subdivision Restrictive Covenants: These covenants are specific to the division of large tracts of land into smaller lots for residential or commercial development. They typically outline the rules and regulations that all lot owners must adhere to regarding building setbacks, property maintenance, architectural guidelines, and any shared amenities, such as parks or common areas. It is important to note that the specific terms and conditions of each Utah Agreement Creating Restrictive Covenants may vary, depending on the intentions and requirements of the Granter and Grantee. These agreements are generally drafted by legal professionals to ensure compliance with Utah state laws and to protect the interests of all parties involved.
