![]() Finally, CCRs can be created by implication, for example where it is necessary to implement the intent of the parties to a deed or some other instrument. Parties can be bound by a contract or agreement that does not involve any transfer of interest or estate. ![]() A CCR can also be created outside of a conveyance. Most often, they are expressly written in deeds, leases, and other instruments of conveyance. Any other parcel of land affected by the limitation essentially reaps the benefits of the CCR.ĬCRs appear in a variety of locations. The land that is limited in a particular way is the burdened parcel. Every CCR involves a burden and a benefit. Any doubts or ambiguities are always resolved in favor of free and unrestricted use of the estate. Most any restriction that is not illegal - such as racial restrictions - or offensive to public policy can be utilized. 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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