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 Oregon Amendment to Protective Covenant refers to a legal document that allows changes or modifications to be made to an existing protective covenant. A protective covenant, also known as a deed restriction, is a provision within a real estate agreement or neighborhood association rules and regulations that outlines certain rules, regulations, or limitations for property use and development in a specific area. An amendment to a protective covenant is required when the existing covenant needs to be altered, updated, or revised due to changing circumstances or new requirements. This amendment serves as a means to adapt to evolving needs or address any unforeseen issues that may arise over time. The Oregon Amendment to Protective Covenant allows property owners, homeowners associations, or condominium associations in Oregon to propose and implement changes to the existing protective covenant. These amendments can range from minor adjustments, such as altering certain restrictions or adding new provisions, to significant revisions that may affect property values or the overall community. There are several types of Oregon Amendments to Protective Covenant, each addressing different aspects of the covenant. Some common types include: 1. Covenant Extension: This type of amendment extends the duration of the protective covenant beyond its original expiration date. It ensures that the restrictions and regulations specified in the original covenant remain in effect for an additional period of time. 2. Covenant Amendment: This amendment involves modifying certain clauses or provisions within the protective covenant. It may address changes in land use regulations or accommodate new developments that require alterations to the existing restrictions. 3. Covenant Exemption: In certain cases, property owners or associations may request an exemption from specific provisions of the protective covenant. This amendment allows for exceptions to be made based on unique circumstances or alternative land uses that align with the overall community's best interest. 4. Covenant Removal: In some situations, property owners may seek to remove the entire protective covenant from their property or community. This typically requires a more extensive and complex process, involving legal procedures and community-wide agreement. It is important for property owners or associations considering an Oregon Amendment to Protective Covenant to consult with an attorney specializing in real estate law to ensure compliance with all legal requirements and proper execution of the amendment. They can provide guidance on the specific type of amendment needed and help navigate the process to achieve the desired modifications while ensuring the overall integrity and purpose of the protective covenant.
