Restrictive Covenant With In North Carolina
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
In general terms, it provides that, when a person, alone or together with prior owners, owns real property for 30 years, certain interests such as restrictive covenants that were created more than 30 years earlier are extinguished.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
In North Carolina, non-compete agreements are enforceable, but only under strict conditions. A valid non-compete must meet certain criteria, including being in writing, having a reasonable time and territory restriction, and being part of your employment contract.
North Carolina's “blue-pencil” rule This rule allows the court to strike out a distinctly separable part of the covenant in order to render the non-compete agreement reasonable. The court, though, may not otherwise revise or rewrite the covenant.
How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
