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.
Restrictive Covenants In Shareholders Agreements In Houston
Category:
State:
Multi-State
City:
Houston
Control #:
US-00404BG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Statute of Limitations. Please keep in mind that there is a 4-year statute of limitations in Texas for enforcing the breach of a restrictive covenant. Thus, it is imperative that associations enforce deed restrictions in a diligent and timely manner or they may lose their right to enforce them.
Justice courts are limited to enforcing residential subdivision deed restrictions, except for restrictions related to structural changes of a dwelling. A justice court cannot order specific performance, unlike a district court. Instead, it can assess civil damages of up to $200 for each day of each violation.
A shareholder agreement, on the other hand, is optional.
Restrictive covenants) are enforceable in Texas. To be valid under Texas law, a covenant not to compete must be “ancillary to an otherwise enforceable agreement.” Then, the restrictions must be reasonable in scope.
Yes, a shareholders' agreement is a contract between the company and its shareholders and the agreement is governed by contract law. That is not to say, however, that the agreement is completely rigid. A shareholders' agreement is a private agreement between parties and can be amended by consent.
A Shareholder cannot generally be forced to sell shares in a company unless you have either agreed to a process resulting in that outcome, or the court orders that outcome.
By indicating assent through written or verbal expression. Signing a written agreement is the most enforceable method of expression. Some contracts allow signatory parties to cancel a contract within a short time period, but the agreement becomes valid once both parties sign.
How do you enforce a shareholders' agreement? Termination of the shareholders' agreement or termination of employment. The innocent party could seek damages for loss suffered because of the breach. The court may order specific performance of the contract or of the provision breached.
Section 15.50 - Criteria for Enforceability of Covenants Not to Compete (a) Notwithstanding Section 15.05 of this code, and subject to any applicable provision of Subsection (b), a covenant not to compete is enforceable if it is ancillary to or part of an otherwise enforceable agreement at the time the agreement is ...