Commercial Covenants: Drafting Considerations, Annual Advanced Real Estate Drafting Course, presented by Bob Burton

Over the past twenty (20) years, private covenant control of mixed-use projects has increased in popularity and complexity. Developers often seek to maximize land area and value by designing projects with multiple uses with some or all of the use components intended for separate ownership. The spatial interrelation of uses, and the developer’s desire to establish a theme or specific character for the project, often translates into the need for a common building architecture, shared project amenities, e.g., roads, recreational areas, common way finding and signage, and a single authority to ensure that the theme, character, and amenities are preserved and maintained.  Continue Reading