Restrictive Covenant Agreement
What is a restrictive covenant?A restrictive covenant is defined as a section that is stated in a deed or lease to real property that will restrict what the owner of the land or lease is allowed to do with that property. Restrictive covenants will often times allow nearby property owners who have something similar to covenants placed in their deeds to enforce the stipulations of the covenants in the court. A restrictive covenant was made in order to improve the property’s price or importance by controlling the improvements.
In the state of Oklahoma can restrictive covenant agreements over rule a state statute such as “on street parking”?In many cases like this a restrictive covenant is not allowed to go against a state statute, but this can be more limiting. A restrictive covenant for not allowing “on street parking” can be enforced. The board of Homeowner Association can limit parking within the Homeowner Association; also they can make their own rules and regulations regarding this matter. With this being said the board does not have to obey with the By Laws in passing any new rules or regulations.
Can a restrictive covenant agreement disallow homeowners from parking their vehicles in their driveways enforceable if the restrictive covenant agreement was set up by the developer before selling the lots?These types of restrictive covenant agreements are to be considered legal. With that being said, since the property was already bought and at first with the covenants on the land, the land price has basically already been discounted for any more problems on that property. Now, if the homeowner tries to do what they see is fit, and then they could be facing a limitation in court against the homeowner.
Can someone enforce a restrictive covenant agreement that is over 40 years old, if so how can it be enforced?The individual would need to check the bylaws, rules and all the court records to see if this agreement has ever been enforced before and to help fight the waiver. If not, then this can be enforced, but normally this can only be done by Homeowners Association. If there is no Homeowner Association in place, then a neighbor can do so. In order to find out this information only if there is no Homeowner Association they can only search the courthouse for the lawsuit. They would either need to search by the property address or the owner’s name.
Does the developer of a restrictive covenant agreement legally responsible to stand by the limits of the covenant agreement or can the developer change the restrictions without permission from the homeowner?Normally the developer will hold the voting control over any other restrictions until the development is done and sold. This is because the developer has the voting control which will stated in the document that sets the restrictions, this is normally a document that is named “Declaration of Restrictions, Conditions and Covenants”. In this case the developer will have the ability to make any changes as conditions continue to change.
Restrictive Covenant on a lease or deed can raise many questions such as who can enforce a restrictive covenant or what happens when someone acts in a breach of restrictive covenant? These types of questions can be addressed when you contact the Legal Experts online.