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.
The following form shows one way in which Restrictive or Protective Covenants may be amended.
A Protective Covenant With David In Oakland
Category:
State:
Multi-State
County:
Oakland
Control #:
US-00405BG
Format:
Word;
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In the simplest terms, a restrictive covenant is an agreement between a property owner and other parties that limits the use of a property. I have found David My servant; with My holy oil I have anointed him, with whom My hand will be established; My arm also will strengthen him.This is the Davidic Covenant. God covenant with David involved his throne, the symbol of his authority as King of God's people. Obtain a complete copy of the original document containing the unlawfully restrictive language from the County Clerk-Recorder's Official Public Records. God promises David these things: fame and prestige, deep roots, safety and security, legacy, and a bright future. The God of the Bible is a covenant-making and a covenant-keeping God. But what is a covenant and how does it differ from a contract? He is noted for serving as settlement judge in clergy abuse cases throughout the Bay Area and beyond, individually negotiating and resolving over 80 cases. A covenant between God and David, connecting his story to that of the whole Bible.