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.
Mutual Covenants And Agreements Meaning In Pennsylvania
Instant download
Description
Free preview
Form popularity
FAQ
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.
In simple terms, mutual covenants and agreements refer to promises made by both parties to a contract to uphold certain obligations or responsibilities. A covenant is a legally binding promise or agreement between two or more parties, typically included in a written contract.
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.
Easement by Necessity The law creates an easement to “un-landlock” that piece of land by creating a right to cross other people's property. When it comes to determining this type of easement, origin is heavily contested. If the second owner has no other way to access a main road, it's a fairly clear situation.
To establish an easement by necessity, the owner must prove that: The dominant and servient estates were previously owned by the same person or entity. The easement is reasonably necessary for use of the dominant estate. The dominant estate became landlocked when the land was partitioned.
The DMC is a deed that provides the rules, commonly called house rules, that regulate the use and enjoyment of common property in a strata development (for example, a inium). In short, all owners and residents of a strata development share the use of common property as governed by those rules.
The most common example of an easement by necessity is giving a landowner right-of-way over an adjoining parcel of land to access a public road.
Positive covenants Examples include: ing a fence around the boundary of your property; and. ensuring that your home is built within certain guidelines within a certain period of time (common for the establishment of new suburbs).
A covenant is a formal promise or agreement to do or not do something. Covenants are found in legal documents like contracts and often deal with major issues like payment terms, confidentiality, non-compete agreements etc. A clause is a section or provision within a legal document that covers a specific issue.