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.
Gilbert Arizona Agreement Creating Restrictive Covenants
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Gilbert
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Incorporated on July 6, 1920, Gilbert was once known as the ?Hay Shipping Capital of the World.? It's since transformed into a thriving economically diverse suburban community with a strong economy, competitive schools, and safe neighborhoods.
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The Hay Capital of the World Gilbert was a prime farming community, fueled by the construction of the Roosevelt Dam and the Eastern and Consolidated Canals in 1911. It remained an agriculture town for many years, and was known as the "Hay Capital of the World" until the late 1920s. History | Gilbert, Arizona gilbertaz.gov ? about-us ? history gilbertaz.gov ? about-us ? history
Gilbert is arguably one of the best locations in Arizona to raise a family. As a matter of fact, the city rankings by Niche.com placed it at number 2 in its list of the best places to raise a family in the Phoenix area. Among other scores, it ranked very well in regards to schools (A), housing (B+), and diversity (B).
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Gilbert. Gilbert, another of Arizona's richest cities, is located in the southeast part of the Phoenix metropolitan area. Home to an enormous population of roughly 273,000 people, Gilbert is a fast-growing community with plenty to offer.
The Hay Capital of the World Gilbert was a prime farming community, fueled by the construction of the Roosevelt Dam and the Eastern and Consolidated Canals in 1911. It remained an agriculture town for many years, and was known as the "Hay Capital of the World" until the late 1920s.
Gilbert is well known for its Central Trail System that offers 135 miles of enjoyment for outdoor enthusiasts. Along with its equestrian tracks are over 54 miles of marked bike trails where you can ride along the canals and check out a view that hikers around the country could only dream of.