A restrictive 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. 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 deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Mississippi Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legally binding document that establishes a set of rules and regulations for a particular subdivision in Mississippi. It outlines the rights and responsibilities of homeowners or property owners within that subdivision and aims to maintain the overall integrity, aesthetics, and property values of the community. This declaration governs various aspects of the subdivision, including architectural guidelines, land usage, maintenance, and common areas. It is designed to ensure that all residents abide by the agreed-upon rules and maintain a cohesive and harmonious living environment. Violation of these covenants or restrictions may result in penalties or legal consequences. Within the realm of Mississippi Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision, there can be different types based on specific subdivisions or communities. Some common variations include: 1. Residential Subdivision Declaration: This type of declaration applies to single-family residential subdivisions, where regulations may pertain to building sizes, construction materials, architectural styles, landscaping guidelines, and maintenance responsibilities. 2. Condominium or Town home Association Declaration: In condominium or town home communities, the declaration may focus on the common areas, shared facilities, parking spaces, pet restrictions, noise levels, and general behavior within the community. 3. Planned Unit Development (PUD) Declaration: A PUD typically combines multiple housing types (single-family homes, town homes, multifamily units) along with commercial or recreational developments. The declaration for a PUD may encompass a wide range of rules governing both residential and non-residential aspects. 4. Age-Restricted or Active Adult Community Declaration: This type of declaration caters to specific age demographics, typically 55 years and older, and may include regulations regarding community activities, noise levels, age restrictions for residents or visitors, and amenities designed for older individuals. It is important for homeowners or property owners within a subdivision to carefully review and understand the Mississippi Amended and Restated Declaration of Covenants, Conditions, and Restrictions applicable to their specific community. Adhering to these guidelines helps protect property values, maintains community standards, and fosters a desirable living environment for everyone involved.
