The
Restrictive Covenant
A Restrictive Covenant is simply a legal obligation written
into a deed of sale by the seller that obligates the buyer
to do or not do something. The restrictions and obligations
can be designed to "run with the property" and thus be
enforceable on subsequent buyers of the
property--though,like stipulations in will s and trusts
(see :Wills and Trusts" http://www.scenicricevilleadvocates.org/ecofriendly/otheroptions/wills/page49/page49.html),
they are more easily attackable in court in future years
than are the restrictions in Conservation Easements (see
"The Conservation Easement" http://www.scenicricevilleadvocates.org/ecofriendly/easements/page48/page48.html).
Also, many Restrictive Covenants are time-limited, which
makes them more vulnerable to being changed in the future.
Restrictive Covenants, which are relatively common in Upper
Riceville now, can be used for many purposes. Here we deal
only with their use for conservation purposes. The
conservation-oriented restrictions and obligations that may
be included in a Restrictive Covenant could involve such
matters as are dealt with in Conservation Easements: amount
and nature of future subdivisions, type and amount of
construction that will be allowed in the future, and so on.
They may also be designed for other purposes--for example,
to protect ridge top or watercourses by specifying where
building may take place and where it may not. And so on.
Some additional facts about Restrictive Covenants:
Conservation stipulations may be included along with
stipulations of other sorts. Also, conservation
stipulations may be added to existing Restrictive Covenants
when property is sold, as long as their language does not
conflict with the language of the Restrictive Covenant
currently in force.
What to
Do
Your deed of sale will likely be prepared by your attorney
or someone acting in roughly that capacity. It will be
important to seek someone familiar with conservation issues
or at least open to them. You may also want to consider
what types of future conservation protection you want for
your property in the process of preparing to sell it so you
can inform potential buyers appropriately from the outset
and have a firm plan when you consult the attorney. To
carry out these tasks, you may wish to consult examples of
existing Restrictive Covenants as well as the stipulations
in some existing Conservation Easements. Your SRA contact
may be able to help in this regard.
Contact
SRA for Restrictive Covenants: Joyce and Ron Sousa
joyce@scenicricevilleadvocates.org