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Q: Would the inclusion of a call provision avoid long legal struggle to eliminate restrictive covenants?
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What is the process for nullifying restrictive covenants in a subdivision when 51 of property owners are in agreement to remove such covenants?

Restrictive covenants "run with the land", thereby making them binding on all who acquired property under the restrictive covenants. Sometimes the Declaration itself contains verbage as to how they may be amended. Usually it is a VERY high percentage, normally 100% have to agree to an amendment. Once approved the amendment should be filed in the land records of the jurisdiction. If the item to be changed violates federal law, the item may be moot anyway as courts give no credence to covenants that are discrimatory. I once saw a restrictive covenant from about 1920 that said "No chickens, hogs, tractors or Chinese may be kept upon a property". ==Clarification== The document that created the restrictive covenants should contain a provision that they may be amended when a certain number of the lots have been sold. If there is no such provision and all the owners wish to amend the restrictions you may be able to obtain a judicial decree. However, keep in mind that any owners who disagree have the right to any benefits made appurtenant to their land in the Declaration of Covenants. If you find they cannot be amended, the restrictions will expire after a statutory period that may be as long as thirty years. You would need to check your state laws for the period in your state. Also, In SHELLEY V. KRAEMER , 334 U.S. 1 (1948), the U.S. Supreme Court ruled that racially restricted covenants were non-enforceable. Laws such as the Fair Housing Act of 1968 additionally made such restrictions illegal to enforce. No court would accept a suit to enforce them and they are no longer of any concern.


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