Therefore, the language of the parties must clearly indicate the desire to create one. Conditions restricting free use of property are not favored under the law. It serves as a requirement of the conveyance and can be a condition precedent or subsequent to a particular act. A condition in a conveyance, on the other hand, is a qualification of the particular estate granted. A restriction is simply a limitation on the use of the land. Covenants are either personal, restricting only the party who signs the agreement, or they "run with the land," passing the burden along to subsequent property owners. A covenant is language within a conveyance or other contract evidencing an agreement to do or refrain from doing a particular act. Reed, ATG Senior Law ClerkĬovenants, conditions, and restrictions (CCRs) are privately created rules between parties regarding the use and improvement of real property.
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