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.
Fulton Georgia Declaration of Covenants, Conditions, Restrictions and Easements for a Subdivision - Alternate Form
State:
Georgia
County:
Fulton
Control #:
GA-EAS-5
Format:
Word;
Rich Text
Instant download
Description
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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.