spokane real estate lawyer attorney covenants conditions and ...

By BRADLEY TUBBS, Legal Intern

What are covenants, conditions and restrictions?

A common way to explain the complexity of property ownership is a ?bundle of rights.? The title owner of property has the right to use, occupy, modify, destroy,mortgage, lease, sell, subdivide, and create restrictions regarding the use of real estate. Covenants conditions and restrictions (?CCRs?) are promises made by a landowner regarding a specific use of his or her property. In other words, CCRs are promises binding on one or more landowners that specify what the landowner(s) can or cannot do with the property.

Covenants are agreements between parties regarding a mutual action or restriction which binds both parties. For example, two property owners agree not to cut down trees on either of their properties. Conditions are promises made in exchange for some consideration which bring about a restriction or required action upon the happening of a specified event. To illustrate, a landowner may promise an arborist association that if certain trees grow on the property, the trees will not be cut down. Finally, restrictions are promises made in exchange for some consideration which prevent the property owner from using their property in a specific way. As in a homeowner promising a homeowner?s association that the owner will use only paint colors on the exterior of the home which are pre-approved by the homeowner?s association.

Covenants can be created expressly (in writing) or by implication. That is to say, a landowner can make a promise which is binding upon the landowner either by recording the written promise in the county in which the property is located or by simply acting in a manner consistent with the promise which would objectively lead people to believe an agreement exists regarding the use of the property. Additionally, covenants can be for the life of a single owner or created to bind subsequent owners of that property (a covenant running with the land) depending on the language of the promise and the intent of the parties.

How can CCRs protect my property?

As you can see from the above examples, CCRs can be a valuable tool in protecting your interest in real property. CCRs bind the promisor and provide the promisee with legal rights and remedies for violations of the agreement. The variations and extent of privileges and obligations that can be acquired through the effective use of CCRs are virtually limitless. Whether you want to create a homeowner?s association, prevent a nuisance on neighboring property, preserve uniformity in your community, or obtain some control over another?s lawful use of their property, CCRs can provide options to achieve the desired result.

The requirements, verification and filing process for CCRs may vary from jurisdiction to jurisdiction. If you have questions regarding establishing CCRs or how CCRs can impact your property rights, the attorneys at Wolff & Hislop can help. Contact us today for a consultation.

Image(s): FreeDigitalPhotos.net

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