Covenant And Agreement
Description
How to fill out Agreement Creating Restrictive Covenants?
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FAQ
A covenant and agreement refer to a mutual understanding between parties that establishes commitments and responsibilities. This can often involve legal obligations that both parties are expected to honor. Essentially, while a covenant emphasizes a deeper promise, an agreement outlines the terms of that promise. Understanding these concepts can help clarify expectations in personal and business transactions.
An example of a contractual covenant is a non-compete agreement. Examples of common covenants in property law include agreements not to build a fence or agreements to maintain a shared driveway.
Note that a covenant is a contractual phenomenon, not a condition to the use and ownership of the land. Therefore, if a real covenant is breached, the aggrieved party can sue for damages arising from the breach of the covenant.
The primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.
A property covenant is an agreement between two or more parties regarding certain use of a piece of real property. The covenant will either benefit or burden the landowner. A covenant that burdens the landowner is also called a restrictive covenant.