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.
Covenants Form With 2 Points In Pennsylvania
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Finally, the easement must be necessary for the owner of the dominant estate to use his land. This necessity must have existed both at the time the land was severed and at the time the easement was granted. To be necessary, the easement must be of “strict necessity,” or more than merely convenient.
In Pennsylvania, the owner of the property that uses an easement is generally responsible for maintaining it. This includes keeping the easement safe to prevent injuries to others who use it.
An easement is generally defined as an intangible, or non-possessory right to use another's land for a precise and definite purpose not inconsistent with the other's simultaneous right to use the same property, or, in language only a lawyer could love, an “incorporeal hereditament.” Typically, a Pennsylvania easement ...
An encroachment is a situation where a building, structure, or something else goes beyond the boundary of the owner's land onto a neighbor's property. It is a form of trespass. An exploration of adverse possession and prescriptive easements is outside the scope of this guide.
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.
But can a property owner block an easement on their property. The short answer is no easements areMoreBut can a property owner block an easement on their property. The short answer is no easements are legally binding and cannot be blocked by the property owner. However there are some exceptions.
Utility easements shall have a minimum width of twenty (20) feet, and all utilitycompanies are encouraged to use common easements.
The courts will restrain an ex-employee from violating a restrictive covenant only when the circumstances make it reasonable to enforce. However, a Pennsylvania court will look only at the terms when the ex-employer sues for damages, not an injunction.
When two vehicles approach or enter an intersection from different roadways at or about the same time, drivers coming from the left must yield to vehicles coming from the right. A vehicle entering a public highway from an alley, private road, or driveway must wait until the main road is clear.
A restrictive covenant is a contract between 2 landowners. One landowner promises the other landowner not to carry out certain acts on their own land. Restrictive covenants usually happen when somebody selling land wishes to restrict what the buyer can do with it.