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 West Virginia Agreement Creating Restrictive Covenants refers to a legal document used in West Virginia, United States, that establishes specific limitations or restrictions on the use or development of a property. This agreement is typically entered into between a property owner and a neighboring property owner or a homeowners' association. Restrictive covenants are often imposed to maintain the desired character, aesthetics, and property values within a particular neighborhood or development. These covenants serve as enforceable rules or conditions that bind the property owner and any subsequent owners to comply with certain restrictions regarding their property. The West Virginia Agreement Creating Restrictive Covenants sets out the detailed terms and conditions of these restrictions. It defines the scope and purpose of the restrictions, which can vary depending on the specific agreement or the planned development. Examples of common restrictive covenants found in West Virginia include limitations on building height, architectural style, property use, home occupation, outdoor storage, fencing, noise, and the presence of certain structures or additions such as swimming pools or sheds. Additionally, the agreement may address issues related to the maintenance and upkeep of common areas, adherence to design or landscaping guidelines, membership in a homeowners' association, and the payment of dues or fees for communal services or facilities. These provisions aim to create a cohesive and harmonious environment and ensure that property values are preserved or enhanced over time. Different types of West Virginia Agreements Creating Restrictive Covenants may exist, depending on the specific needs and agreements of the parties involved. For example, there may be agreements tailored for residential neighborhoods, commercial developments, or mixed-use communities. Each type of agreement will outline the specific restrictions applicable to that particular type of property and its intended use. It is crucial for property owners, prospective buyers, and developers to carefully review and understand the West Virginia Agreement Creating Restrictive Covenants before purchasing or building a property. Violations of these covenants can lead to legal disputes, penalties, or injunctions. Therefore, all parties involved should consult legal professionals to ensure compliance with the terms and conditions laid out in the agreement to maintain a harmonious and uniform environment within the property or neighborhood.
