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Creation and Termination of Covenants

Binding neighborhood covenants are created by written documents (e.g., a declaration of covenants). In most cases, they will already be in existence at the time a purchaser takes interest in a parcel of land or house. If they are simple and brief, they may appear in a deed transferring property, but in most cases, a deed will only refer to covenants and incorporate them by reference, e.g., the deed will convey the land from grantor to grantee “subject to all existing CC&Rs or easements of record,” (or similar language).

Inside Creation and Termination of Covenants