Land Covenants FAQ

This FAQ explains the recorded Declaration of Covenants, Conditions, and Restrictions at Guilford County Book 3479, Page 533, and how it relates to CRA membership. It is general information, not legal advice about a particular lot.

1. What are the Cardinal land covenants?

They are recorded restrictions on the use of certain lots in The Cardinal. They attach to the land. They are not the same thing as membership in the Cardinal Residents Association.

The instrument on file is the Declaration of Covenants, Conditions, and Restrictions recorded in the Guilford County Register of Deeds at Book 3479, Page 533 (1985). Search it in the official land-records portal. It applies only to the lots named in that Declaration, not automatically to every home in the broader Cardinal area.

North Carolina treats properly recorded restrictions as part of the land records. Later owners can be bound when the restriction was validly created and applies to that property. See N.C. Gen. Stat. § 47-18.

Sources: Declaration, Book 3479, Page 533; N.C. Gen. Stat. § 47-18.

2. Is CRA membership the same as being subject to the land covenants?

No.

CRA membership is governed by the CRA Bylaws. Article II, Section 1 requires residence in a listed area, Board approval, payment of the membership fee and dues the Board sets, and age 18. Membership is not automatic with ownership of a lot.

Land covenants are recorded restrictions on real property. A lot can be subject to the 1985 Declaration, or not, regardless of whether the owner joins CRA.

Sources: CRA Bylaws, Article II, Section 1; Declaration, Book 3479, Page 533.

3. Does being subject to the land covenants make CRA dues mandatory?

No.

The Declaration at Book 3479, Page 533 does not create CRA, does not levy assessments, and does not require payment of CRA dues.

CRA dues are a condition of CRA membership under the Bylaws. They are not converted into a lot-level obligation merely because a property is mentioned in a recorded covenant.

Sources: Declaration, Book 3479, Page 533; CRA Bylaws, Article II.

4. How do I know whether my property is covered?

Coverage depends on the recorded documents for that parcel: legal description, lot, section, phase, plat, and chain of title. A street address alone is not the legal description used in the Declaration.

The Declaration at Book 3479, Page 533 identifies:

• Lots 1–33, Section 7, Phase A — Plat Book 72, Page 142

• Lots 34–46, Section 7, Phase B — Plat Book 72, Page 144

• Lots 10–15 and Lots 21–23, Section 9, Phase B — Plat Book 79, Page 145

Search those book-and-page references in the Guilford County land-records portal. Other Cardinal sections may be under a different instrument, or none. The only reliable check is the land records for your parcel.

Source: Declaration, Book 3479, Page 533.

5. If the covenants are not written on my current deed, do they still apply?

They might. Recorded restrictions often sit in a separate instrument and are not copied word-for-word into every later deed.

The Declaration states that the restrictions are intended to run with the land. Whether they bind a particular lot depends on that lot’s recorded chain of title, not on whether the current deed restates the text. See N.C. Gen. Stat. § 47-18.

Sources: Declaration, Book 3479, Page 533; N.C. Gen. Stat. § 47-18.

6. What if no one mentioned the covenants when I bought the house?

That fact, by itself, does not decide the question.

What matters is what was recorded against the property: the deed, plats, prior deeds, declarations, and other title documents. North Carolina generally treats a properly recorded instrument as notice to later purchasers. See N.C. Gen. Stat. § 47-18.

Sources: Declaration, Book 3479, Page 533; N.C. Gen. Stat. § 47-18.

7. What if a Realtor, seller, or buyer says the property is not subject to the covenants?

Check the recorded records for that parcel in the Guilford County land-records portal. Useful items include:

• Street address

• Guilford County parcel identification number

• Current deed book and page

• Lot, section, and phase

• Recorded plat

• Any declaration or restriction in the chain of title

• Title documents from the purchase

The land records, not an informal opinion, determine whether Book 3479, Page 533 (or another instrument) applies. See N.C. Gen. Stat. § 47-18.

Sources: Declaration, Book 3479, Page 533; N.C. Gen. Stat. § 47-18; Guilford County Register of Deeds.

8. What kinds of restrictions are in this Declaration?

Owners should read the full recorded text. Examples in Book 3479, Page 533 include:

• Residential use only

• No business or commercial use

• Approval of building plans

• Building setbacks

• Fences and signs

• Junk automobiles and salvage

• Motor homes, trailers, boats, and recreational vehicles

• Paved driveways

• Rubbish, trash, and dumping

• Front-yard antennas, basketball backboards, and similar play equipment; no satellite-dish antennas

• Minimum dwelling size, house orientation, temporary structures, sewer/septic, and building materials

Source: Declaration, Book 3479, Page 533.

9. Who can enforce these covenants?

Paragraph 22 of the Declaration says the covenants may be enforced in court against a person violating or attempting to violate them. Enforcement may be brought by the owner or owners of any lots, or group of lots, to stop a violation or recover damages.

The Declaration does not name CRA as the enforcing body and does not give CRA an assessment lien under this instrument. CRA membership and covenant enforcement are separate. Whether CRA has standing in a particular case depends on the documents and the facts.

Source: Declaration, Book 3479, Page 533, Paragraph 22.

10. Did the covenants expire after 25 years?

Not under the language of this Declaration.

Paragraph 21 says the covenants run with the land for 25 years from execution and then renew automatically for successive 10-year periods, unless an instrument signed by a majority of the owners of the lots is recorded agreeing to change the covenants in whole or in part.

Paragraph 12 says that if one restriction is invalidated, the others remain in effect.

Whether every provision remains enforceable against a given lot can also depend on later recorded instruments and other North Carolina statutes that affect older restrictions, including the Marketable Title Act (Chapter 47B). That is a title-and-attorney question for the specific property.

Sources: Declaration, Book 3479, Page 533, Paragraphs 12 and 21; N.C. Gen. Stat. Chapter 47B.

Important note

This FAQ describes one recorded Declaration and CRA’s separate governing documents. Whether a particular property is covered, whether a restriction is still enforceable, and who may enforce it depend on that property’s chain of title, later recordings, and the facts.

The North Carolina Planned Community Act (Chapter 47F) does not automatically rewrite a 1985 declaration that creates no association and no assessments. See G.S. 47F-1-102 on what the Act covers. Older restrictions can also raise Marketable Title Act questions that have to be analyzed lot by lot.

Search recorded instruments in the Guilford County land-records portal. Property owners should consult a North Carolina real-estate attorney about a specific lot or dispute.