Covenants, conditions and restrictions are commonly called "CC & Rs". They are written rules, limitations, conditions, and restrictions on the use of the land. Simply stated, CC and Rs are promises that the buyer of land makes as a condition of purchasing the land, from either a developer or a previous owner.

CC & Rs have been placed on land for many years and have evolved as a means of restricting and controlling the use of private land. Some CC & Rs, in addition to regulating the use of the land itself, seek to regulate even the behavior of those who own the land. For example, CC & Rs may limit the size and placement of homes, exterior colors, pets, ages of residents, use of barbecues, maintenance of fences, and other to protect the quiet enjoyment of the property owners.

The CC and Rs are recorded on the real property Deed, or the Certificate of Title, and are on file with the local county Recorder's office for Abstract property, or with the Register of Titles for Torrens property. Because the CC and Rs are filed and recorded in the county where the land is located, and because they are referred to in your Deed, or Certificate of Title, you aren't even required to be fully aware of the specifics of the CC & Rs when you go to closing on the land (purchase the property). Since the CC and Rs show up in the "chain of title" to your land, the buyer of the land has what is called "constructive notice" of the CC and Rs, and therefore the buyer is charged with the knowledge of them. In other words, you are expected to know what is in the CC & Rs, even though you may not have actual knowledge of the restrictions in them.

CC and Rs run with the land at law which means that the subsequent land owners may enforce, or be burdened by, the CC and Rs. If the CC & Rs are not complied with a lawsuit may be filed by those who are to be benefited by them. The lawsuit would be brought against the violator(s) and request the court for remedies and to enforce the CC and Rs.

CC and Rs may be terminated by a written release, merger of the benefited and burdened land, or by condemnation of the burdened land.

**The above information is meant to be informative only. Please consult with an attorney for legal advice.