Subdivision covenants are private restrictions on the use of land and are basically private agreements or contracts. They are usually recorded either on a deed, subdivision plat or as an addendum to a subdivision plat. Covenants are legally binding upon all property owners referenced on the deed or subdivision plat, including subsequent owners, for the time period as established on the deed or plat. Please refer to Georgia Law OCGA 44-5-60 for additional information regarding covenant renewal and time limitations on covenants.
Only the parties subject to the covenants may enforce them. The county cannot enforce private covenants since they are private agreements or contracts and the county is not a party to the covenant.
In order to enforce covenants, affected persons will need to file a civil action in Superior Court. A lawyer will need to be contacted to assist with the filing. Please consult the yellow pages of the phone book for a listing of lawyers.
For information about obtaining a copy of subdivision covenants, please contact the Real Estate Record's office of the Clerk of Superior Court at 770.822.8100 between the hours of 8:00am and 5:00pm, Monday through Friday, except holidays.