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 Wayne
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A restrictive clause modifies the noun that precedes it in an essential way. Restrictive clauses limit or identify such nouns and cannot be removed from a sentence without changing the sentence's meaning. A nonrestrictive clause, on the other hand, describes a noun in a nonessential way.
A nonessential phrase or clause can be lifted from a sentence with most of the meaning intact. If the sentence makes sense without the information and/or the clause is just additional information, it is a nonessential clause. These clauses ARE offset with commas.
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.
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.
Appositives, which rename nouns or pronouns within a sentence, can also be either restrictive or nonrestrictive. Restrictive elements (modifiers or appositives) do not require commas. Nonrestrictive elements (modifiers or appositives) do require commas.
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.
Nonrestrictive elements are groups of words that can be removed without changing the meaning of the sentence. Because removing them does not change meaning, nonrestrictive elements can be set off from the rest of the sentence. CORRECT: I'd like to have more pets, but I only have one cat, Bill.
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.
A restrictive clause modifies the noun that precedes it in an essential way. Restrictive clauses limit or identify such nouns and cannot be removed from a sentence without changing the sentence's meaning. A nonrestrictive clause, on the other hand, describes a noun in a nonessential way.
Ing to the Purdue OWL, an independent clause is “a group of words that contains a subject and verb and expresses a complete thought.” A dependent clause is “a group of words that contains a subject and verb but does not express a complete thought.” Use a comma before a coordinating conjunction (connecting word) .
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Restrictive clauses require no punctuation; nonrestrictive clauses are usually separated from the independent clause with commas. Restrictive Clauses.A nonrestrictive clause adds additional information to a sentence. It is usually a proper noun or a common noun that refers to a unique person, thing, or event. A restrictive clause identifies which one you are talking about, and usually the sentence would not make sense without it;. Restrictive clauses limit or identify such ; nonrestrictive clause, on the other hand, describes a noun in a nonessential way. A nonrestrictive adjective clause can be removed without affecting a sentence. Restrictive Adjective Clauses. It is usually refers to a unique person, thing, or event. Non-restrictive means that it you remove it, it does not change the meaning of the main clause.