Title 44, Chapter 5, Section 60
( 44-5-60)
(a) The purchaser of lands obtains with the title, whether conveyed
to him at public or private sale, all the rights which any former
owner of the land under whom he claims may have had by virtue of any
covenants of warranty of title, of quiet enjoyment, or of freedom
from encumbrances contained in the conveyance from any former
grantor unless the transmission of such covenants with the land is
expressly prohibited in the covenant itself. (b) Notwithstanding subsection (a) of this Code section, covenants
restricting lands to certain uses shall not run for more than 20
years in municipalities which have adopted zoning laws nor in those
areas in counties for which zoning laws have been adopted. (c) The limitation provided in subsection (b) of this Code section
shall not apply with respect to any covenant or scenic easement in
favor of or for the benefit of the United States or any department,
bureau, or agency thereof; this state or any political subdivision
thereof; or any corporation, trust, or other organization holding
land for the use of the public, but only with respect to such
covenants and scenic easements running in favor of or for the
benefit of the land so held for the use of the public. Such
covenants and scenic easements shall run in perpetuity. (d)(1) Notwithstanding the limitation provided in subsection (b)
of this Code section, covenants restricting lands to certain uses
affecting planned subdivisions containing no fewer than 15
individual plots shall automatically be renewed beyond the period
provided for in subsection (b) of this Code section unless
terminated as provided in this subsection. Each such renewal
shall be for an additional 20 year period, and there shall be no
limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this
subsection, at least 51 percent of the persons owning plots
affected by such covenant shall execute a document containing a
legal description of the entire area affected by the covenant, a
list of the names of all record owners of plots affected by the
covenant, and a description of the covenant to be terminated,
which may be incorporated by reference to another recorded
document. By signing such document, each such person shall verify
that he or she is a record owner of property affected by the
covenant. Such document shall be recorded in the office of the
clerk of the superior court of the county where the land is
located no sooner than but within two years prior to the
expiration of the initial 20 year period or any subsequent 20 year
period. The clerk of the superior court shall index the document
under the name of each record owner appearing in the document. (3) No covenant that prohibits the use or ownership of property
within the subdivision may discriminate based on race, creed,
color, age, sex, or national origin. (4) Notwithstanding any other provision of this Code section or of
any covenants with respect to the land, no change in the covenants
which imposes a greater restriction on the use or development of
the land will be enforced unless agreed to in writing by the owner
of the affected property at the time such change is made. |