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.
Michigan Amendment to Protective Covenant
Instant download
Description
Free preview
How to fill out Amendment To Protective Covenant?
Are you in a situation where you require files for both professional and personal use almost every day.
There are numerous credible document templates accessible online, but finding ones you can trust is challenging.
US Legal Forms offers thousands of template forms, including the Michigan Amendment to Protective Covenant, which can be tailored to meet state and federal regulations.
Choose a suitable file format and download your version.
Access all the document templates you have purchased in the My documents menu. You can download another copy of the Michigan Amendment to Protective Covenant at any time, if necessary. Click on the desired form to download or print the template.
- If you are already familiar with the US Legal Forms website and possess an account, simply Log In.
- After that, you can download the Michigan Amendment to Protective Covenant template.
- If you do not have an account and wish to start using US Legal Forms, follow these steps.
- Select the form you need and ensure it is for your specific city/state.
- Use the Preview feature to review the document.
- Verify the details to confirm you have chosen the correct form.
- If the form does not meet your needs, utilize the Search box to find the form that aligns with your requirements and specifications.
- Once you identify the correct form, click on Get now.
- Choose the pricing plan you prefer, enter the necessary details to create your account, and pay for your order using your PayPal or credit card.
Form popularity
FAQ
What fees will I have to pay? The Lands Chamber is required by law to charge fees. The fee for lodging an application to discharge or modify restrictive covenants is £880. The fee for hearing an application is A£1,100, but this is reduced to A£275 if the Tribunal determines the application without a hearing.
As restrictive covenants don't 'expire', if they are breached the person with the benefit of the covenant can enforce them against you.
If there is a restrictive covenant on your property you may be able to remove it. The first step would be to negotiate with the original developer or landowner to enter into a formal agreement to remove the covenants from the title.
Can I get a restrictive covenant removed? If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
In December of 2018, Michigan passed Senate Bill 671 amending MRTA. 1 The amendment states that any property restriction recorded more than 40 years ago will only be preserved and held valid if the document contains a citation to the original interest.
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.
Although this case relates directly to development of property, it is clear that modifying restrictive covenants of any nature or kind is possible if deemed reasonable in the circumstances by the courts, which will of course be determined on a case-by-case basis.
To do this, you'll need to apply to remove the restrictive covenant. An application to remove or modify the restrictive covenant can take between 18 and 24 months to go through. If the party controlling the covenant can still enforce the ruling, consider negotiation, but be prepared for them to want compensation.
If there is a covenant on your property which is obsolete, you can make an application to the Upper Tribunal (Lands Chamber) (which use to be known as the Lands Tribunal) asking for the covenant to be discharged or modified.
You will have to obtain consent from any person with a right to enforce the deed restrictions before you can actually remove the restrictions. For example, if your deed restriction applies to or benefits one or more of your neighbors, you will need that neighbor's permission before you can remove restrictions.