In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
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.
Boston Massachusetts Agreement Creating Restrictive Covenants
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Boston
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US-00404BG
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One of America's most historically rich cities, the story of our nation is evident on nearly every corner in Boston. Officially founded in 1630 by English Puritans who fled to the new land to pursue religious freedom, Boston is considered by many to be the birthplace of the American Revolution.
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Significance: Considered the oldest public park in the United States, Boston Common played an important role in the history of conservation, landscape architecture, military and political history, and recreation in Massachusetts.
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Boston is famous for baseball, and the Red Sox have called Fenway Park home since the day the ballpark opened on April 20, 1912. Tour guides at Fenway Park recount the history of the park, the teams, and larger-than-life personalities that have kept Bostonians enthralled for generations.
Greater Boston was the site of the American Revolution, is home to Harvard and MIT, and was the birthplace of Dunkin Donuts and public figures such as JFK. History runs through this city's veins, although it can't all be found in your textbook.
Massachusetts Bay Colony (1628-1691 CE) was the largest English settlement in New England and the most influential both in the colonization of the region and later developments in what would become the United States of America.
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