A restrictive 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. 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 deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The West Virginia Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision in the state of West Virginia. This comprehensive declaration serves to maintain and protect the value, appearance, and livability of the subdivision, while also ensuring the rights and privileges of its residents. The West Virginia Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision typically covers a wide range of areas, including property use, architectural guidelines, maintenance responsibilities, and community standards. These provisions are crucial for maintaining a harmonious living environment and ensuring that all residents adhere to a certain set of guidelines to protect property values and promote a desirable community. One of the key components of the Amended and Restated Declaration is the covenants, which are legally binding agreements that each property owner in the subdivision must adhere to. These covenants may include restrictions on the type of structures that can be built, the use of property (such as prohibiting commercial activities), and guidelines for exterior modifications to maintain a consistent aesthetic appeal. Conditions and restrictions within the declaration may outline requirements for property maintenance, such as regular lawn care or the removal of unsightly objects. Additionally, it may establish guidelines for the usage of shared amenities such as parks, common areas, and recreational facilities. In some cases, there may be different types of West Virginia Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision, depending on the specific needs and characteristics of each subdivision. These different types may cater to specific types of developments, such as gated communities, condominium complexes, or planned unit developments (Puds). Each type may include additional provisions or modifications to address the unique requirements of the respective subdivision. In summary, the West Virginia Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision governs the rules, regulations, and obligations within a particular subdivision, ensuring the preservation and enhancement of the community's overall quality and value. It is an essential legal document that outlines the rights, responsibilities, and limitations of property owners within the subdivision, promoting a harmonious and desirable living environment.
