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Mutual Covenants


Where protecting open space and the character of a neighborhood is important to a several adjacent owners, but not of sufficient benefit to the general public to warrant a conservation restriction (CR), a mutual covenant is one way to proceed.

The landowners enter into mutual agreements controlling the future use of their land through restrictions agreed upon by all participating landowners. Each landowner's covenant is enforceable by each of the other landowners and their heirs and successors.

There is however no obligation for landowners to enforce it, and interpretations differ as to whether a tax deduction should be given for mutual covenants, since they can be nullified by subsequent agreement of all owners. Barring such mutual action to rescind, however, the agreements are permanent and can be enforced by any of the current or future landowners.