One of the most important considerations when drafting restrictive covenants
is deciding the length of the covenant.
If a homeowner's future use of a property will cause a breach of the restrictive covenants
imposed upon the land, such as the construction of an extension, it is safest to assume that the restrictive covenants
are still enforceable.
In order to understand restrictive covenants
in the context of environmental and land use law, it is important to know the background and history of the use of "risk-based corrective action" (RBCA).
There are a number of ways potentially to overcome problematic restrictive covenants
but it is important to seek expert legal advice as early as possible.
In the result, the whole restrictive covenant
was struck out as unenforceable because of the ambiguity created by the generic word "Metropolitan.
Perhaps the most important test is whether a restrictive covenant
protects an employer's legitimate interest, and that is why broad covenants are not enforceable.
Members of the legal profession, of course, see more than their fair share of restrictive covenants
This demonstrates that the underlying restrictive covenant
is itself fair and reasonable.
Contrary to popular belief, restrictive covenants
are indeed enforceable, although courts will scrutinize them carefully.
An application has now been lodged with the council to have the restrictive covenant
on the property removed.
The Fourth Departments cryptic language concluded, "because the restrictive covenant
in this agreement is over broad, it is unreasonable and unenforceable.
which had sought to enforce a partnership restrictive covenant
against a departing partner, Paul Christian.