Missouri Amendment to Protective Covenant

State:
Multi-State
Control #:
US-00405BG
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Word; 
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Description

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. The Missouri Amendment to Protective Covenant refers to a legal provision that can be added or modified in a protective covenant, also known as a deed restriction or a declaration of restrictions, which governs the use, development, and maintenance of properties within a certain area or community in the state of Missouri. These amendments are designed to adapt the original covenant to changing circumstances, ensure property values, and maintain the desired character of the neighborhood. Protective covenants are commonly implemented by neighborhood associations, homeowner associations, or developers to establish specific guidelines for property owners and residents regarding various aspects such as property maintenance, architectural styles, land use regulations, building restrictions, landscaping, aesthetics, and other regulations that aim to protect property owners' investments and maintain a certain level of quality within the community. The Missouri Amendment to Protective Covenant can take several forms, depending on the particular requirements of the neighborhood or community. Some potential types of amendments include: 1. Architectural or Design Amendment: This type of amendment focuses on design guidelines, architectural standards, and approval processes for any modifications or improvements made to existing structures or new construction within the community. It may outline requirements for building height, architectural style, materials used, color schemes, and other factors to ensure a cohesive look and feel throughout the community. 2. Land Use Amendment: This amendment governs the permissible types of land use within the community. It may include restrictions on the types of businesses allowed, zoning regulations, limitations on commercial activities, restrictions on the use of properties for specific purposes (such as rentals or home offices), and limitations on the number or type of vehicles parked on the property. 3. Environmental or Conservation Amendment: This type of amendment is aimed at protecting and conserving natural resources, promoting sustainability, and preserving the environment within the community. It may include provisions to regulate tree removal, restrictions on excessive landscaping or landscaping, guidelines for water conservation, and limitations on the use of chemicals or pesticides within the property boundaries. 4. Maintenance and Use Amendment: This amendment outlines responsibilities for property owners regarding maintenance, upkeep, and usage of properties within the community. It may include regulations regarding lawn care, noise restrictions, rules for the use of shared amenities (such as pools, parks, or recreational facilities), and guidelines for garbage disposal. 5. Parking and Vehicle Amendment: This amendment focuses on parking regulations and restrictions within the community. It may include rules on the number of vehicles allowed on a property, parking on public streets, commercial vehicles, recreational vehicles, trailers, or regulations concerning abandoned or inoperable vehicles. It is essential for property owners within a community to familiarize themselves with the Missouri Amendment to Protective Covenant applicable to their neighborhood or development area. Adherence to these amendments ensures harmonious living conditions, preserves the overall quality of the community, and protects property values for all residents.

The Missouri Amendment to Protective Covenant refers to a legal provision that can be added or modified in a protective covenant, also known as a deed restriction or a declaration of restrictions, which governs the use, development, and maintenance of properties within a certain area or community in the state of Missouri. These amendments are designed to adapt the original covenant to changing circumstances, ensure property values, and maintain the desired character of the neighborhood. Protective covenants are commonly implemented by neighborhood associations, homeowner associations, or developers to establish specific guidelines for property owners and residents regarding various aspects such as property maintenance, architectural styles, land use regulations, building restrictions, landscaping, aesthetics, and other regulations that aim to protect property owners' investments and maintain a certain level of quality within the community. The Missouri Amendment to Protective Covenant can take several forms, depending on the particular requirements of the neighborhood or community. Some potential types of amendments include: 1. Architectural or Design Amendment: This type of amendment focuses on design guidelines, architectural standards, and approval processes for any modifications or improvements made to existing structures or new construction within the community. It may outline requirements for building height, architectural style, materials used, color schemes, and other factors to ensure a cohesive look and feel throughout the community. 2. Land Use Amendment: This amendment governs the permissible types of land use within the community. It may include restrictions on the types of businesses allowed, zoning regulations, limitations on commercial activities, restrictions on the use of properties for specific purposes (such as rentals or home offices), and limitations on the number or type of vehicles parked on the property. 3. Environmental or Conservation Amendment: This type of amendment is aimed at protecting and conserving natural resources, promoting sustainability, and preserving the environment within the community. It may include provisions to regulate tree removal, restrictions on excessive landscaping or landscaping, guidelines for water conservation, and limitations on the use of chemicals or pesticides within the property boundaries. 4. Maintenance and Use Amendment: This amendment outlines responsibilities for property owners regarding maintenance, upkeep, and usage of properties within the community. It may include regulations regarding lawn care, noise restrictions, rules for the use of shared amenities (such as pools, parks, or recreational facilities), and guidelines for garbage disposal. 5. Parking and Vehicle Amendment: This amendment focuses on parking regulations and restrictions within the community. It may include rules on the number of vehicles allowed on a property, parking on public streets, commercial vehicles, recreational vehicles, trailers, or regulations concerning abandoned or inoperable vehicles. It is essential for property owners within a community to familiarize themselves with the Missouri Amendment to Protective Covenant applicable to their neighborhood or development area. Adherence to these amendments ensures harmonious living conditions, preserves the overall quality of the community, and protects property values for all residents.

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Missouri Amendment to Protective Covenant