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.
Wisconsin Amendment to Protective Covenant refers to a legal process that allows owners or residents of properties within a specific community or development to modify the terms and conditions of an existing protective covenant. A protective covenant is a set of rules, regulations, and restrictions that govern the use and maintenance of properties within a particular area. In Wisconsin, an amendment to a protective covenant can be pursued when property owners or residents desire to make changes that are not covered by the initial covenant. This may include updating regulations to accommodate new developments, addressing community concerns, or reflecting changes in local laws and regulations. There can be different types of Wisconsin Amendments to Protective Covenants depending on the purpose or scope of the changes being proposed. Some common types include: 1. Architectural Amendment: This type of amendment focuses specifically on modifying rules and guidelines related to the design, appearance, or construction of buildings or structures within the community. It may include changes to building materials, color schemes, height restrictions, or landscaping requirements. 2. Use Amendment: A use amendment pertains to modifying restrictions on how properties can be used within the community. This may involve altering zoning guidelines, allowing for new types of businesses or activities, or enforcing stricter regulations on certain activities deemed detrimental to the community. 3. Maintenance Amendment: Maintenance amendments aim to update or clarify the responsibilities of property owners regarding the upkeep and maintenance of their properties. This can include changes to landscaping requirements, common area maintenance obligations, or guidelines for repairs and renovations. 4. Pet Amendment: This type of amendment focuses on modifying rules and regulations related to pet ownership within the community. It may cover restrictions on pet types, sizes, or numbers, as well as guidelines for pet waste management and overall pet behavior. 5. Parking Amendment: Parking amendments address rules and regulations concerning parking within the community. This could include changes to the number of permitted vehicles, parking space allocations, or guidelines for parking enforcement. To initiate a Wisconsin Amendment to Protective Covenant, property owners typically follow a specific process outlined in the original covenant. This process may include obtaining approval from a homeowners' association or a designated committee, collecting signatures of support from affected property owners, and filing the amendment with the appropriate county or municipal authority for review and record-keeping. Overall, a Wisconsin Amendment to Protective Covenant allows property owners within a community to adapt and modify the rules and regulations governing their properties to keep up with evolving community needs while ensuring a harmonious and well-maintained environment.
