Fulton Georgia Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form

State:
Georgia
County:
Fulton
Control #:
GA-EAS-5
Format:
Word; 
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Description

Requires properties described shall be held, sold, and conveyed subject to easements, restrictions, covenants and conditions. For the purpose of protecting the value and desirability of the Property.


The Fulton Georgia Declaration of Covenants, Conditions, Restrictions, and Easements for a Subdivision — Alternate Form is a legal document that outlines the rules and regulations governing a specific subdivision in Fulton County, Georgia. This document serves as a set of guidelines for homeowners and residents within the subdivision to maintain a certain quality of life and protect property values. The purpose of the Fulton Georgia Declaration of Covenants, Conditions, Restrictions, and Easements for a Subdivision — Alternate Form is to ensure the overall aesthetic appeal, harmony, and responsible use of properties within the subdivision. By establishing these standards, it provides homeowners with a clear understanding of their rights and obligations to maintain the desired character of the community. The alternate form of the declaration may include specific modifications or variations from the standard document, tailored to meet unique requirements or circumstances specific to a particular subdivision. This allows for flexibility and customization while maintaining an overall framework. Different types of alternate forms may include: 1. Amended Declaration: This form refers to changes made to the original declaration. It could be necessary due to new legislation, a shift in community demands, or any other modifications desired by the homeowners' association or the residents. 2. Supplemental Declaration: In some cases, certain aspects or provisions are not adequately covered in the initial declaration or require additional clarification. The supplemental declaration serves to augment the existing document, addressing specific areas that need further elaboration. 3. Subdivision-Specific Declaration: Certain subdivisions may require specific guidelines or restrictions that are unique to their location, landscape, or purpose. This type of declaration includes provisions tailored specifically for the needs of that particular subdivision, ensuring optimal functionality and compliance. The Fulton Georgia Declaration of Covenants, Conditions, Restrictions, and Easements for a Subdivision — Alternate Form typically encompasses a variety of aspects, including architectural standards, landscaping guidelines, maintenance responsibilities, pet regulations, noise limits, and usage restrictions. It may also cover provisions related to the establishment and operation of a homeowners' association, if applicable. The alternate form of this declaration plays a crucial role in maintaining the overall order, desirability, and value of properties within the subdivision. It establishes a framework that guides residents in their property ownership and helps create a cohesive community where all homeowners can enjoy a high standard of living while protecting their real estate investments.

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  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
  • Preview Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form

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FAQ

If granted from a freehold or leasehold estate, an easement by deed will operate as a legal interest in land but only once registered on the title at the Land Registry. Until such time as the registration is complete, the easement will take effect as an equitable right.

Finally, in 1993, the Georgia legislature amended Section 44-5-60 to state that restrictive covenants in subdivisions of fifteen or more lots shall run for an initial period of twenty (20) years and shall thereafter automatically renew for successive periods of twenty (20) years, unless fifty-one percent (51%) of the

If the covenant is attached to the land it is said to 'run with the land'. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.

O.C.G.A § 9-3-29(c) establishes the statute of limitations to file suit to enforce a covenants is two years. The time begins to run ?immediately upon the violation of the covenant?.

An easement is the right to use or access a parcel of property owned by someone else for a specific purpose. Properties adjacent to public rights-of-way may have easements for such things as power lines, water/sewer lines, drainage structures and the like.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

The longer a breach is tolerated, the more likely the court will decide that the party with the benefit of the restrictive covenant has acquiesced in or waived the breach. In practical terms, it is difficult to enforce a breach of covenant after 20 years.

A conservation easement may be recorded in the office of the clerk of the superior court of the county where the land is located.

Restrictive covenants do not only apply to new build homes. Restrictive covenants can be placed on older properties too. The age of the covenant doesn't necessarily affect its validity. However in some cases, very old covenants are considered unenforceable.

Details of such easements are entered in the property register of the benefiting registered estate: rule 5(b)(ii) of the Land Registration Rules 2003. The entry normally refers to the title including any legal easements granted by a particular deed.

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Adopted a new City of Johns Creek Zoning Ordinance as set out herein. Loganville, GA 30052. 115jul.6111 Peachtree Dunwoody Road. Building F, Suite 102. Easement form and require it be used to fulfill the requirements of this section. Trail Construction Contract and Associated IGA with Fulton County for Waterline Relocation -. In Fulton County, Georgia on. And the Guarantor Registrants Listed in the Table Below.

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Fulton Georgia Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form