PBRA Covenants
The permanent, deeded covenants that follow are stated or implicit in all deeds to land in the subdivision and run with the land. There are slight variations in wording between the Eastern and Western Divisions and the Ranges.
The covenants were upheld in both the Maine Superior and the Maine Supreme Judicial Courts (Goulet vs. Lowell & Co., 6/20/01 and 3/11/02, respectively). The Superior Court judge stated: "The covenants taken as a whole make clear that each lot was to have a residential purpose and the relative size of the lots, and they vary widely, was irrelevant. No prospective purchaser could reasonably mistake the intent and purpose. No purchaser could envision that a use different from a residential one was intended."
1. No building shall be erected theron except a private dwelling or summer residence for single family occupancy, except that a private boathouse may be erected on any lot having shore frontage..
2. No dwelling or summer residence, the actual cost of which is less than $3,500.00 shall be erected theron.
3. No building, except a private boathouse, shall be erected or placed on any lot having ocean frontage within 20 feet from high water mark, or within 12 feet of any side line, or within 20 feet of a right of way. No building shall be erected or placed on any lot having ocean frontage, within 25 feet of a right of way or within 12 feet of any other lot line
4. No house trailer, mobile home or tent shall be placed or used thereon.
5. No septic tank shall be placed or used within 75 feet of high water mark, nor within 100 feet of any existing well, and no well shall be constructed within 100 feet of any septic tank then located.
6. No lot shall be divided for purpose of rent, lease or sale and no part of any lot less than the whole shall be rented, leased or sold.
7. No intoxicating liquors shall be kept for sale on the premises and no business of any kind shall be conducted thereon.