Utah Amendment to Protective Covenant

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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 Utah Amendment to Protective Covenant refers to a legal document that modifies or alters the terms and conditions stated in a protective covenant. A protective covenant is a clause or set of clauses typically found in a property deed or homeowner's association (HOA) agreement. It aims to maintain the integrity, appearance, and intended usage of a property or community. The amendment can be classified into different types based on the specific purpose or nature of the modifications: 1. Architectural Amendments: These amendments pertain to changes or modifications in the architectural guidelines outlined in the protective covenant. They may include alterations to building materials, design standards, color schemes, roof styles, landscaping requirements, and the overall aesthetic appearance of structures within the community. 2. Land Use Amendments: This type of amendment deals with modifications related to land use regulations and restrictions. It may involve changes in permitted land uses, property setbacks, zoning designations, lot size limitations, or the addition of new land use categories that align with evolving community needs. 3. Maintenance and Repair Amendments: These amendments focus on alterations in the responsibility of property owners for the maintenance, repair, and upkeep of their properties. They may specify who is responsible for particular aspects such as landscaping, exterior painting, roofing, sidewalk repairs, or the maintenance of shared common areas. 4. Recreational and Facilities Amendments: This type of amendment pertains to changes in the rules and regulations associated with the use and management of shared recreational facilities, amenities, or common areas within a community. It may involve modifications in rules regarding pool usage, tennis court reservations, clubhouse rentals, or guidelines for the use of parks and playgrounds. 5. Demographic Amendments: These amendments deal with modifications related to population and demographic restrictions outlined in the protective covenant. They may include changes in age restrictions, occupancy limitations, pet policies, or guidelines regarding familial status. 6. Environmental and Sustainability Amendments: This type of amendment focuses on incorporating environmental and sustainability measures into the protective covenant. It may involve regulations for energy-efficient construction, solar panel installations, water conservation practices, waste management guidelines, or the use of environmentally friendly materials. Utah Amendment to Protective Covenant serves as a legal mechanism to adapt the original protective covenant to changing circumstances and evolving needs of a community. It ensures that the guidelines and regulations remain relevant and promote the overall well-being and harmony within the community while providing property owners with a clear understanding of their rights and obligations.

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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.

Restrictive Covenants may be removed and/or modified from the Register Book of Titles by:an agreement between the parties having an interest in the covenant, or,an order of a court of competent jurisdiction.

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.

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.

The cost of lifting restrictive covenants involves a statutory fee of £880 upon application. If your application progresses to a hearing, there's a fee of A£1,100. If a decision is reached without a hearing, the fee is A£275. If you need more time to carry out the Tribunal's directions, you'll have to pay a fee of A£110.

Negotiating limitsIt's unlikely that you can delete a restrictive covenant from your contract altogether, but depending on the situation and your leverage, you may be able to narrow its scope.

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.

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Utah Amendment to Protective Covenant