In a deed, a grantee may agree to do something or refrain from doing certain acts. This agreement will become a binding contract between the grantor and the grantee. An example would be an agreement to maintain fences on the property or that the property will only be used for residential purposes. This kind of covenant is binding, not only between the grantor and the grantee, but also runs with the land. This means that anyone acquiring the land from the grantee is also bound by the covenant of the grantee. A covenant that provides that the grantee will refrain from certain conduct is called a restrictive or protective covenant. For example, there may be a covenant that no mobile home shall be placed on the property.
A restrictive or protective covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. For example, when a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded. Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be abandoned or not enforceable by estoppel if the restrictive covenants are violated openly for a sufficient period of time in order for a Court to declare that the restriction has been abandoned.
Non Restrictive Vs Restrictive Clauses In Harris
Category:
State:
Multi-State
County:
Harris
Control #:
US-00404BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
An important consideration in this respect is whether a phrase or clause is restrictive or non-restrictive: it is restrictive if it is essential to the principal meaning of the sentence; it is non-restrictive if the principal meaning of the sentence is clear without it.
A restrictive clause introduces information that is necessary to the meaning of the sentence. A nonrestrictive clause can be removed without changing the meaning.
Restrictive clauses are usually introduced by the relative pronouns that, who, whom, or whose. A restrictive clause can have an identifying function. The astronaut who first stepped on the moon was Neil Armstrong. The restrictive clause in this sentence is who first stepped on the moon.
The type of clause determines what kind of relative pronoun to use. Generally, there are two types of relative clauses: restrictive (defining) clause and non-restrictive (non-defining) clause. In both types of clauses, the relative pronoun can function as a subject, an object, or a possessive pronoun ("whose").
restrictive modifier adds information that is not essential to our understanding of the sentence; if we remove it from the sentence, the basic meaning of the sentence does not change. A restrictive modifier identifies, or limits the reference of, the noun it modifies.
An important consideration in this respect is whether a phrase or clause is restrictive or non-restrictive: it is restrictive if it is essential to the principal meaning of the sentence; it is non-restrictive if the principal meaning of the sentence is clear without it.
There are two kinds of modifiers: nonrestrictive and restrictive. Nonrestrictive modifiers are not essential or not necessary to the meaning of a sentence while restrictive modifiers are necessary to the meaning of the sentence.
A restrictive clause introduces information that is necessary to the meaning of the sentence. A nonrestrictive clause can be removed without changing the meaning. Restrictive clauses require no punctuation; nonrestrictive clauses are usually separated from the independent clause with commas.
Restrictive clauses are usually introduced by the relative pronouns that, who, whom, or whose. A restrictive clause can have an identifying function. The astronaut who first stepped on the moon was Neil Armstrong. The restrictive clause in this sentence is who first stepped on the moon.
More info
Restrictive clauses require no punctuation; nonrestrictive clauses are usually separated from the independent clause with commas. Restrictive Clauses.Restrictive clauses are more common in writing than nonrestrictive clauses. A restrictive clause is also sometimes referred to as an essential clause or phrase. Restrictive clauses limit or identify such ; nonrestrictive clause, on the other hand, describes a noun in a nonessential way. A restrictive clause, as the name suggests, restricts ie provides some information about the noun it modifies, for the purpose of identification. The difference between these forms is clear - one offers incidental information and the other critical. Restrictive phrases and clauses are essential to the meaning of a sentence. If they are removed, the meaning of the sentence would be altered or unclear. The semantic investigation of relative clauses with indefinite heads is comparatively scarce in the linguistic literature.