{"id":369385,"date":"2016-04-04T10:47:24","date_gmt":"2016-04-04T15:47:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/owning-a-home\/creation-and-termination-of-cc-rs.html"},"modified":"2023-11-21T00:04:56","modified_gmt":"2023-11-21T05:04:56","slug":"creation-and-termination-of-cc-rs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/owning-a-home\/creation-and-termination-of-cc-rs.html","title":{"rendered":"Creation and Termination of CC&Rs"},"content":{"rendered":"\n
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Creation and Termination of CC&Rs<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Neighborhood covenants<\/a> are rules that govern property use. They are created by a written document called a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). In most cases, CC&Rs exist when a purchaser buys an interest in a parcel of land or other real property. If they are simple and brief, they may appear in the deed for the property.<\/p>\r\n

In most cases, a deed will only refer to covenants generally. A deed from a seller (grantor) to a buyer (grantee) will state a legal description. In that description, deed restrictions may state that a property is subject to all existing CC&Rs of record.<\/p>\r\n

What Is a Covenant?<\/h2>\r\n

A covenant or real covenant<\/a> is an agreement made pursuant to a deed or one’s property occupancy. The parties to a covenant have privity, meaning they both subscribe to it directly.<\/p>\r\n

A covenant is not an encumbrance or an easement. An encumbrance<\/a> is a claim or debt against a property, and an easement<\/a> is a right of way. By contrast, a covenant is a common rule that property owners must follow. Covenants can be restrictive if they don’t conflict with local, federal, or state law. Covenants help to regulate common interest developments<\/a> by:<\/p>\r\n