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RESTRICTIONS
A RESTRICTIVE COVENANT
IS AN AGREEMENT RESTRICTING THE USE OF REAL PROPERTY OR THE BUILDINGS THAT
MAY BE ERECTED THEREUPON.
This agreement is usually
expressed by the creation of a specific covenant, reservation or exception
in a deed. In order for the Grantor (Seller) to enforce this covenant
against subsequent owners, the covenant must run with the land.
Some examples of restrictive covenants imposed on
suburban subdivision land might include one or several of the
following:
- Operation of a business or conducting commercial
activity is prohibited
- No hogs, chickens, cattle or emus may be residenced
on the premises
- No more than two domesticated animals (i.e., dogs,
cats, etc.) may be kept in one household
- No satellite dish for the facilitation of
television reception is permitted on the premises
- The Architectural Control Committee must expressly
approve all outwardly visible improvements to the property, including, but
not limited to exterior paint color, additions, improvements, changes in
elevation, erection of fences, etc.
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