I would like to know if there is any problem with incorporating by reference the restrictive covenants from one parcel of subdivided land to another parcel that the developer intends to subdivide. Is there a certain procedure to follow in terms of amending the original covenant or should a new one be drafted?

Thanks for your question. I think you can make the new property subject to the existing restrictions either by recording a declaration so stating or by amending the original restrictions to add the additional property. The former course may be easier though because, depending on how the instrument is worded, to amend you may need the consent of some or all of the lot owners in the original development. Also, I'd consider whether you want the lot owners in the original development to have the right to enforce the restrictions against the lot owners in the new development. If you don't, I'd just record an identical declaration rather than incorporating by reference. What I wouldn't do is simply state in the deeds for the new development that the conveyance is subject to the existing restrictions. I recall a case where the Court of Appeals said that doesn't work.