Covenants and Deed Restrictions
Covenants and Deed Restrictions vary throughout Whitehall, with at least seven similar-but-different sets of requirements. In general, most of these legal requirements have to do with yard structures like fences or clotheslines, commercial or agricultural vehicles on the property, setback requirements, etc.
Whitehall’s 1200+ properties were developed in several phases, with slight variations among the covenants that apply to properties in each section. If you delve into the paperwork you got when you bought your house, you should find the details of what’s required and allowed on your property. It’s probably also on file with the county’s Register of Deeds office
, although in some cases there may be addenda that are not found in a records search.
This page discusses Whitehall covenants in general. Please refer to your own home’s documentation for accurate details. Violations of covenants are legally enforceable via action brought by a property owner who is subject to the same covenants
Below are typical restrictions included on many of the properties in Whitehall.
- No structure shall be erected on any of said lots other than one single family dwelling and attached or detached garage or carport of similar design.
- No use shall be made of the property, or of any right or privilege appurtenant thereto, other than for private residential purposes of a single family.
- No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other out buildings shall be used on any lot at any time as a residence either temporary or permanent.
- No lot shall be used or maintained as a dumping ground for rubbish or trash. Garbage or other waste shall not be kept except in sanitary containers.
- No exterior clothes lines shall be erected or used on the property herein described.
- No school buses, trucks, commercial vehicles, trailers, mobile homes or commercial equipment of any kind are to be garaged or stored on the lot.
- No dwelling shall be erected on any lot having less than a prescribed number of square feet of floor space excluding carports and garages. The most common requirement is 2,000 square feet.
- No dwelling shall be located nearer than a specified number of feet from the front property line. This varies between 20 and 50 feet with the most common being 35 feet.
- No building shall be located on any lot nearer than a specified number of feet to any interior lot line. This varies between 8 and 10 feet with the most common being 10 feet.
- No dwelling shall be located on any interior lot nearer than a specified number of feet to the rear lot line. Most covenants call for 8 to 10 feet with the most common being 10 feet.
- A garage or outbuilding located on the rear half of a lot may be located not closer than 5 feet to the property line. For the purpose of this covenant, eaves and steps shall not be considered as a part of a building, provided however, that this shall not be constructed to permit any portion of a building on a lot to encroach upon another lot.
- No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
- No hogs, goats, poultry, cows or horses which shall constitute a nuisance or cause unsanitary conditions, or any undesirable situation to any neighboring property, shall be maintained on any lot.
- All pets must be kept penned or in a closed yard or in the house. No pets shall be allowed to run loose.
- Easements for the installation of utilities and drainage facilities are 5 to 6 feet along each sideline of each lot and from 8 to 10 feet at the rear of the lot.
- All sewage disposal shall be through sewer lines and treatment plant to be provided by the developers or a duly authorized sewer district. No septic tanks shall be permitted except by a separate agreement of the developer and with approval of the appropriate government authorities.
- The street lighting for this residential development will be furnished by the South Carolina Electric and Gas Company and/or the Mid Carolina Corporation. Each homeowner will be charged a monthly fee to be set by the servicing Power Company.
- No sign of any kind shall be displayed to the public view on any lot except one “For Sale” sign. Covenants vary for size requirements, but the signs all must be small. No sign should be fastened to a tree at any time.
- No lot may be subdivided without the written consent of the developer.
- No lot or any part of a lot can be used as a street without the written consent of the developer.
- Note: If a homeowner is in violation of the covenants that apply to his house and lot, legal proceedings must be initiated by some other homeowner who is also covered by the same covenant.