In its ruling, the Appellate Division noted that the developers had demonstrated that Hempstead's restrictive covenant
was "of no actual and substantial benefit to the Town," and Hempstead officials had "offered no explanation to rebut this showing.
One of the most important considerations when drafting restrictive covenants
is deciding the length of the covenant.
However, more than one of those business people went on to add that restrictive covenants
were needed because they made people unwilling to leave and set up business on their own.
In a novel analysis, the court reasoned that to determine whether the restrictive covenant
was reasonable it must somehow distinguish between, and perhaps compare, goodwill independently created by Doerfler and goodwill created by Marsh.
If the restrictive covenants
were imposed years before it may be difficult to trace the person having the benefit.
4) Restrictive covenants
are typically favored to the extent they tend to be binding on property regardless of changes in the law, do not require change in ownership, provide for enforcement by third parties, allow for productive uses that would not be allowed in conservation areas, and tend to appear during typical title searches.
The recent case of Davies v Dennis shows how broad ranging restrictive covenants
Employees found in breach of reasonable restrictive covenants
may be required to account for and pay profits earned as a result of the breach to the former employer.
must also be in writing and agreed to by both parties.
Canadian Proposals on Treatment of Restrictive Covenants
The court acknowledged that restrictive covenants
in employment contracts involving physicians are enforceable under existing New Jersey law if they protect a legitimate interest of the employer, impose no undue hardship on the employee, and are not injurious to the public.
The employment agreements contained post-employment restrictive covenants
that prohibited Dr.