Local, state, and federal governments typically develop and enforce subdivision restrictions. However, in order to control the tone and aesthetic of the subdivision, developers may decide to include restrictive covenants that have an impact on landscape and architectural design choices as well as restrict certain activities within the community boundaries.
A covenant is a solemn pledge to carry out or abstain from a particular activity in its broadest and most historical senses. A covenant was distinguishable from a regular contract under historical English common law by the presence of a seal. The common law would uphold a commitment even in the absence of consideration since the presence of a seal signified an exceptional solemnity in the promises made in a covenant.
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