REAL PROPERTY & LAND DISPUTES | restrictive covenants
Dispute about covenants? I am a Montana real estate lawyer and top-rated trial attorney
Restrictive Covenants limit the uses that can be made of real property. Restrictive covenants often are used in subdivisions where the original developer specifies how and for what purposes he (or she) wants the subdivision to be used.
• What are the access roads for the subdivision?
• Where are they located?
• Who pays for their maintenance?
• Is there protected open space?
• Can dwellings be used commercially?
• Or can dwellings only be used for residential purposes?
• Those are examples of restrictive covenants.
Home Owners Associations (HOAs) are typically tasked with enforcing and interpreting Restrictive Covenants. To be enforceable, restrictive covenants must be carefully created and drafted, because they are strictly construed by Montana courts.
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