Wake North Carolina Agreement Creating Restrictive Covenants

State:
Multi-State
County:
Wake
Control #:
US-00404BG
Format:
Word; 
Rich Text
Instant download

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. Keywords: Wake North Carolina, Agreement, Creating, Restrictive Covenants, types Description: The Wake North Carolina Agreement Creating Restrictive Covenants refers to a legal document that establishes specific limitations and obligations on the use of a piece of property within the Wake County jurisdiction in North Carolina. It is a crucial contract typically employed in real estate transactions to ensure that certain conditions, rules, and restrictions are imposed on the property and its future owners or occupants. There are various types of Wake North Carolina Agreement Creating Restrictive Covenants that can be implemented depending on the specific needs and context. These may include: 1. Residential Restrictive Covenants: This type of agreement primarily focuses on residential properties, such as single-family homes, townhouses, or condominiums. It outlines specific regulations to maintain a particular aesthetic appeal, control land usage, and preserve the quality of life within the neighborhood or community. Residential restrictive covenants often include guidelines related to architectural design, landscaping, house colors, property maintenance, and the prohibition of certain activities or uses. 2. Commercial Restrictive Covenants: These agreements are often used for commercial properties, including office buildings, shopping centers, or industrial areas. Commercial restrictive covenants mainly aim to protect and maintain the intended purpose and character of the property, outlining limitations on business activities, signage, parking, noise levels, and any other aspects that may impact neighboring properties or the general area. 3. Mixed-Use Restrictive Covenants: As the name suggests, mixed-use restrictive covenants apply to properties that combine various types of uses, such as residential, commercial, and recreational spaces. These agreements typically aim to strike a balance between different interests, ensuring compatibility between the different components and maintaining harmony within the overall development. 4. Subdivision Restrictive Covenants: Subdivision agreements involve the creation of multiple lots or parcels within a larger property, commonly known as a subdivision or a housing development. These covenants often encompass a wide range of restrictions related to land use, construction guidelines, property setbacks, fencing, common area maintenance, and community amenities. It is important for property owners, potential buyers, and developers to carefully review and understand the Wake North Carolina Agreement Creating Restrictive Covenants pertaining to a specific property. These agreements set forth legally binding obligations and regulations that must be followed to ensure compliance and avoid potential conflicts within the community or development.

Keywords: Wake North Carolina, Agreement, Creating, Restrictive Covenants, types Description: The Wake North Carolina Agreement Creating Restrictive Covenants refers to a legal document that establishes specific limitations and obligations on the use of a piece of property within the Wake County jurisdiction in North Carolina. It is a crucial contract typically employed in real estate transactions to ensure that certain conditions, rules, and restrictions are imposed on the property and its future owners or occupants. There are various types of Wake North Carolina Agreement Creating Restrictive Covenants that can be implemented depending on the specific needs and context. These may include: 1. Residential Restrictive Covenants: This type of agreement primarily focuses on residential properties, such as single-family homes, townhouses, or condominiums. It outlines specific regulations to maintain a particular aesthetic appeal, control land usage, and preserve the quality of life within the neighborhood or community. Residential restrictive covenants often include guidelines related to architectural design, landscaping, house colors, property maintenance, and the prohibition of certain activities or uses. 2. Commercial Restrictive Covenants: These agreements are often used for commercial properties, including office buildings, shopping centers, or industrial areas. Commercial restrictive covenants mainly aim to protect and maintain the intended purpose and character of the property, outlining limitations on business activities, signage, parking, noise levels, and any other aspects that may impact neighboring properties or the general area. 3. Mixed-Use Restrictive Covenants: As the name suggests, mixed-use restrictive covenants apply to properties that combine various types of uses, such as residential, commercial, and recreational spaces. These agreements typically aim to strike a balance between different interests, ensuring compatibility between the different components and maintaining harmony within the overall development. 4. Subdivision Restrictive Covenants: Subdivision agreements involve the creation of multiple lots or parcels within a larger property, commonly known as a subdivision or a housing development. These covenants often encompass a wide range of restrictions related to land use, construction guidelines, property setbacks, fencing, common area maintenance, and community amenities. It is important for property owners, potential buyers, and developers to carefully review and understand the Wake North Carolina Agreement Creating Restrictive Covenants pertaining to a specific property. These agreements set forth legally binding obligations and regulations that must be followed to ensure compliance and avoid potential conflicts within the community or development.

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Wake North Carolina Agreement Creating Restrictive Covenants